M.C. Verghese v. T.J. Ponnan (1970 AIR 1876)

This case explains how letters exchanged between a husband and his wife are treated in law. The Supreme Court said: if a husband writes to his wife during a valid marriage, that communication is privileged under Section 122 of the Indian Evidence Act. Such a letter cannot be disclosed in court without the writer’s consent, except in limited situations. The Court also discussed “publication” for defamation: a private letter to one’s spouse is not the same as publishing a libel to third parties. The earlier High Court view was set aside, and the matter was sent back for fresh decision.

• Are the letters from the husband to his wife admissible, or are they barred by Section 122 (communications during marriage)?
• Does sending a defamatory letter only to one’s spouse amount to “publication” for defamation under Indian law?

The Supreme Court allowed the appeal, set aside the Kerala High Court’s decision, and remanded the case to the District Magistrate. The Court emphasized that spousal communications made during marriage are privileged. Admissibility is tested with reference to the marital status when the communication was made, not later. On defamation, private delivery to one’s spouse is not publication to the world.

1. Section 122 IEA attaches privilege at the time of the marital communication; later changes do not undo that privilege.
2. Defamation needs publication beyond the spouse; a private spousal letter is not publication to third parties.

The case protects marital privacy while keeping space for criminal law where publication actually occurs. It guides courts on timing: look at the marriage status when the letter was written, not when it is produced in court.

• Spousal letters written during a valid marriage are privileged (IEA §122).
• Privilege is assessed at the time of communication, not trial.
• Defamation needs publication beyond the spouse (IPC §500 context).

Issue

Admissibility of spousal letters and whether such letters amount to publication for defamation.

Rule

IEA §122 (spousal communications); IPC §500 (defamation needs publication).

Application

Letters were written during marriage → privilege attaches; no third-party publication shown → defamation not complete.

Conclusion

Appeal allowed; High Court set aside; matter remanded to the District Magistrate.

Privileged Communication

A message protected from disclosure. Here, communications between spouses under IEA §122.

Publication (Defamation)

Making a statement known to someone other than the person defamed.

Remand

Sending a case back to a lower court for fresh action.