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In civil trials, a spouse can testify on behalf of the other spouse: Kerala HC

Last Updated on June 25, 2024 by News Desk

Issue:- The court was dealing with the application of a woman, whereby her civil suit was pending before the court. During this, she had requested for permission to be granted so that her husband could testify and adduce evidence on her behalf. The permission was denied by the trial court. The same was then challenged by the plaintiff by filing a petition in the HC.

Arguments:- it was argued by the plaintiff that the observation made by the trial court was flawed and ignored section 120 of the evidence act.

Analysis:- Justice Kauser Edappagath observed that as per section 120, the spouse is eligible to provide evidence regarding what is in their knowledge as well as what is the knowledge of their spouse.

The court opined that section 120 is the special provision and thus overrides, any general procedure of law.

Therefore, as per section 120, the non-litigating spouses can testify in the place of their litigating spouse, without the execution of the power of attorney.

The court disagreed with the findings of the trial court and the impugned order setting aside the request of the plaintiff was rejected by the HC.

Conclusion:- It was held by the Kerala HC that as per section 120 of the Indian Evidence Act, the spouses can testify against each other. during the civil case trial proceedings.

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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