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Question

Legal Studies Question on Family Laws

Principle : A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.
Facts : X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

A

X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder

B

X is not allowed to appear as a witness at all in any court

C

X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw

D

X is an independent woman and she can do whatever she wants

Answer

X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw

Explanation

Solution

The correct option is (C):X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw .