Scope of S.122 of Indian Evidence Act, 1872 and Matrimonial Litigations

Scope of S.122 of Indian Evidence Act, 1872 and Matrimonial Litigations

The founding rationale for Section 122 of the Indian Evidence Act, 1872 as has been recognised by the Law Commission and subsequently by certain High Courts, was to protect the sanctity of marriage and not the right to privacy of the individuals involved. Therefore, in adjudicating situations where the privilege under Section 122 of the Act is not granted, as in suits between a couple (an exception provided for in Section 122 itself), the right to privacy is not a relevant consideration, since it is not the rationale under which spousal communications were deemed privileged under Section 122 of the Act.

Citation : Vibhor Garg v. Neha [2025] GCtR 1330 (SC)