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COMMUNICATIONS BETWEEN HUSBAND AND WIFE ARE “PRIVILEGED COMMUNICATIONS”

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COMMUNICATIONS BETWEEN HUSBAND AND WIFE ARE “PRIVILEGED COMMUNICATIONS”
Communications Between Husband And Wife Are “privileged Communications”

All the communications between husband and wife at the time of marriage are privileged communications. Law recognizes all communications between husband and wife to be private and confidential communications.

 As per Section 122 of The Indian Evidence Act, 1972. “No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication unless the person who made it or his representative-in-interest, consents, except in suits between married persons, or proceedings in which on married person is prosecuted for any crime committed against the other.”

Hence, there is a bar on the spouse to disclose a communication and also a bar on compelling a spouse to disclose against the other spouse. However, the spouse can disclose and testify against the other spouse in Civil or Criminal proceedings between each other. The bar on the communication between husband and wife extends even after divorce and the spouse is prohibited to disclose the communication that happened at the time of marriage.

The privilege allow the spouse to refuse to testify before court of law or before any other authority about a conversation (oral or written) which they have exchanged amongst themselves during their marital relationship.

The sole purpose of the privilege communication between husband and wife is to encourage confidence between the spouse so that they can freely communicate amongst themselves during their marital tie.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate


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