The Kerala High Court recently delivered a significant interpretation of Section 120 of the Indian Evidence Act, affirming the rights of spouses to testify on behalf of each other in legal proceedings without the necessity of a written power of attorney or authority.
Justice Kauser Edappagath’s ruling addressed a case where the trial court had dismissed a plaintiff’s request to have her husband testify on her behalf in a civil suit. The High Court, in its judgment, emphasized that Section 120 grants competency to non-litigating spouses to act as witnesses for their counterparts involved in litigation. This competency, as defined by the court, encompasses the ability and qualification to provide evidence in a court of law.
The court’s interpretation clarified that under Section 120, a husband is legally permitted to depose facts not only within his own knowledge but also those within the knowledge of his wife, and vice versa. This provision applies equally in civil and criminal proceedings, ensuring that spouses can effectively support each other’s legal claims without formal documentation such as a power of attorney.
In the case at hand, the petitioner challenged the trial court’s decision which refused her request to have her husband testify on her behalf. The trial court had reasoned that allowing one spouse to testify for the other was impermissible under general legal principles, suggesting instead that the husband could only be examined as a witness for the plaintiff.
Quoting Section 120 of the Evidence Act, the Kerala High Court underscored that spouses are explicitly recognized as competent witnesses for each other in both civil and criminal cases. The provision states: “In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.”
The High Court criticized the trial court’s order, noting that it failed to consider the specific provisions of Section 120 which permit such testimonies without restriction. The judgment highlighted the importance of correctly applying statutory provisions to ensure fair and just legal proceedings.
Counsel for Petitioner: Advocates Vinod Madhavan, M.V.Bose, Nisha Bose, Saniya C.V.
Case Title: Smitha v Anil Kumar
Case Number: OP(C) NO. 154 OF 2024
Click here to read/download Judgment
