1972 (3) TMI 108

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....titution of conjugal rights filed by Gurcharan Singh, against his wife Shrimati Surjit Kaur, an application was made by the wife that a certain letter written by the husband on 11th March, 1971, to her father, be allowed to be produced as additional evidence, as it was material for the just decision of the case. 2. This application was contested by the husband and he claimed privilege on the gr....

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.... that he was guilty of cruelty and was seeking apology from his wife's father. 5. Undoubtedly, if the said letter is produced on the record, it would seriously damage the case of the husband. Reference was made by the Court below to the provisions of section 23 of the Indian Evidence Act, which read as under:- "In civil cases no admission is relevant, if it is made either upon an e....

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....he same on the ground that it was written when the talks of a compromise were going on between the parties. It appears from the circumstances of this case that he had written this letter perhaps at the instance of the wife, because she might be ready to go back to the husband, but her father may not be giving her permission to do so, and it is quite possible that he wrote that letter just to preva....