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Category: Communication during Marriage

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Communication during Marriage

Ram Bharosey v. State of Uttar Pradesh AIR 1954 SC 704

ISSUE:

Whether the deposition made by the wife be admissible if it was communication made during marriage under Section 122 of the Indian Evidence Act?

Whether the circumstantial evidence in the case is sufficient to sustain the conviction?

RULE:

For a conviction based solely on circumstantial evidence, the evidence must be strong enough to exclude any reasonable hypothesis of innocence and must point conclusively to the accused's guilt.

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Categories
Communication during Marriage

M.C. Verghese v. T.J. Ponnan & Anr. AIR 1970 SC 1876

ISSUE:

Whether the letters sent to the wife admissible in evidence per Section 122 of the Indian Evidence Act?

Whether uttering a libel by a husband to his wife amount to "publication"?

RULE:

Section 122 of the Indian Evidence Act prohibits disclosing in Court communications made between spouses during marriage. Still, it does not prevent such communications from being introduced as evidence by a third party, such as a non-spouse recipient.

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