Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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95.

A communication made to the spouse during marriage, under Section 122 of Evidence Act :

A: remains privileged communication after the dissolution of marriage by divorce or
B: does not remain privileged after the dissolution of marriage by divorce or death
C: does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death.
D: remains privileged after the dissolution of marriage by divorce but not so on after death.

The answer is: A

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Explanation

According to Section 122 of the Indian Evidence Act, 1872, no person who is or has been married shall be compelled to disclose any communication made to him or her during marriage by any person to whom he or she is or has been married, unless the person who made it, or his or her representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

Based on this, the correct option is A: remains privileged communication after the dissolution of marriage by divorce or death. This means that the spouse cannot reveal any communication made during the marriage even after the marriage ends, unless the other spouse or his or her representative agrees to it. This privilege is meant to protect the sanctity and confidentiality of the marital relationship.