Abstract
This note reviews the privileged status bestowed on matrimonial communication under section 122 of the Indian Evidence Act of 1872. It finds the rationale to be the protection of the institution of marriage. The analysis commences on the basis that there is a need to review this privilege today. The note traces the roots of the Indian legislation to its British predecessor. This historical approach facilitates the discovery of the intended scope and extent of protection. The note argues that section 122 transcends its rationale and hampers the course of justice by making relevant evidence inaccessible to courts for little gain, fiat all, elsewhere. To remedy the situation, the note recommends a set of legal reforms to the Indian statute that would withdraw this privilege from certain areas.
Recommended Citation
Amar, Tanmay
(2005)
"Matrimonial Communications: Wedded to the Irrational,"
National Law School of India Review: Vol. 17:
Iss.
1, Article 5.
Available at:
https://repository.nls.ac.in/nlsir/vol17/iss1/5
