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Never Give Up (Fighter)     15 October 2012

Privilege in matrimonial communication

Hello Learned members,


I was going through an article of Privlege communication in marriage (link below) and got bit confuse. If its previlege communication which happens between husband and wife then how come wife can put all the matter before court in open without consenting husband ?? In that case all talk which happened in four walls of bedroom should also not be presented / should not be considered by court as proof, isnt it ??


Please share your views..


Thank you.


https://www.legalserviceindia.com/article/l96-Privilege-In-Matrimonial-Communication-And-The-Abuse-Of-Its-Sanctity.html



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 October 2012

My friend - normal rule of the spouse not being allowed to disclose communications made during marriage don't apply to suits between spouses inter se.  Furthermore viewed in it's actual light - the bar even in third party suits is with respect to what was said to the spouse during marriage, what was done by teh spouse can still be testified to.

 

 

Bharat Chugh

Advocate Supreme Court of India/Delhi High Court

* for Legal News, Views & Reviews  & subtle nuances of the law -

visit : www.advocatebharatchugh.wordpress.com

1 Like

Never Give Up (Fighter)     15 October 2012

Thank you Bharatji..


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