Principle: A spouse is not permitted to put in evidence

196

M: +1.00/-0.25

Principle: A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.

Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at

6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.

[CLAT 2019]

A X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder

B X is not allowed to appear as a witness at all in any court

C X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw

D X is an independent woman and she can do whatever she wants