1. The material question involved in this Crl. R. P., which centres round S.122 of the Evidence Act, is of considerable general importance, but not of easy solution. Though I have been treated with elaborate discussions by counsel, displaying considerable learning and research, I must confess that I do not feel clarified of all obscurity about it.

2. This motion is in a prosecution for defamation launched on September 17,1965, before the District Magistrate, Trivandrum, by a father-in-law (hereinafter the complainant), against one of his sons-in-law (hereinafter the accused) on account of imputations made in three letters sent by the latter on July 18, 25 and 30,1964, from Bombay, his place of employment, to his wife in Trivandrum, who handed them over to the complainant in about September 1965 when dissensions arose between her and the accused.

3. Counsel for the accused before the District Magistrate raised a preliminary objection to the prosecution on the ground that the words that are complained to be defamatory, being part of marital communications between the accused and his wife, cannot be permitted to be disclosed in Court and therefore cannot form the basis of a