M. C. VERGHESE versus T. J. PONNAN & ANR.

M. C. VERGHESE versus T. J. PONNAN & ANR.

Section 122 of the Evidence Act operates to bar the wife from disclosing communications made to her during marriage, unless the husband consents, even if the marriage is later annulled; however, this bar does not extend to all forms of proof of the letters, and the appellant may tender and attempt to prove the letters in any manner not prohibited by s. 122. The accused should not have been discharged solely on these preliminary grounds.

Parties
Appellant: M. C. Verghese; Respondent No. 1: T. J. Ponnan; Respondent No. 2: Respondent no. 2
Jurisdiction
India
Judgment Date
13 November 1968
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order of Kerala High Court
Outcome
Appeal allowed; order of High Court set aside; matter remanded for trial to District Magistrate.
Legal Topics
Defamation, Evidence of Married Persons, Disclosure of Communications Between Spouses
Criminal Law Evidence Defamation Evidence of Married Persons Disclosure of Communications Between Spouses

Case Brief

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Parties

M. C. Verghese

Appellant

T. J. Ponnan

Respondent No. 1

Respondent no. 2

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order of Kerala High Court

Legal Issues

  1. 1 Whether letters containing defamatory matter written by a husband to his wife can be proved against the husband in a prosecution for defamation
  2. 2 Whether the bar to disclosure under s. 122 of the Evidence Act is removed by a subsequent decree of nullity of marriage

Ratio Decidendi

Section 122 of the Evidence Act operates to bar the wife from disclosing communications made to her during marriage, unless the husband consents, even if the marriage is later annulled; however, this bar does not extend to all forms of proof of the letters, and the appellant may tender and attempt to prove the letters in any manner not prohibited by s. 122. The accused should not have been discharged solely on these preliminary grounds.

Court Disposition

Appeal allowed; order of High Court set aside; matter remanded for trial to District Magistrate.

Orders

  • Order of the Kerala High Court set aside.
  • Proceedings remanded for trial to the District Magistrate according to law.