ADVOCATES VINOD MADHAVAN, M.V.BOSE, NISHA BOSE, SANIYA C.V., 2024 (KER) 384
FACTS- The petitioner is the plaintiff, and the respondents are the defendants in O.S.No.106/2010 on the files of the Sub Court, Manjeri (for short 'the trial court'). The suit is to declare two registered cancellation deeds executed by the 1st defendant as null and void and for a permanent prohibitory injunction. When the case was posted for evidence, the petitioner filed (Ext.P1) to permit her husband to adduce evidence for and on her behalf. The trial court dismissed the application as per the impugned order. The petitioner, original plaintiff, had approached the High Court challenging the rejection of her request for examining her husband, for an on behalf of her.
ISSUES- Whether Husband & Wife Can Testify On Behalf Of Each Other Without Executing Power Of Attorney
OBSERVATION- The Kerala High Court has held that under Section 120 of the Evidence Act, a husband is permitted to testify in lieu of his wife and vice versa even without a written authority or power of attorney. The Court stated that Section 120 of the Evidence Act deals with the competency of spouses where one spouse is competent to testify for a litigant spouse in civil and criminal proceedings. The Court thus stated that the Order of the Trial Court that the husband cannot give evidence on behalf of the plaintiff/wife and could only be called as plaintiff's witness was not justified and was without adverting to Section 120 of the Evidence Act.
