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1972 Supreme(P&H) 75

P.C.PANDIT
Surjit Kaur – Appellant
Versus
Gurcharan Singh – Respondent


Judgment

1. During the proceedings started on a petition under Section 9 of the Hindu Marriage Act for restitution 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 ground that it had been written during the period when talks of a compromise were going on and, therefore, it should not be brought on the record.

3. The contention of the counsel for the husband prevailed with the learned Judge, who held that the said letter was a privileged document and no evidence could be led to prove the same. The application of the wife was, thus, rejected, and against that order, she has come here in revision.

4. It is common ground that this letter was written on 11th March, 1971, the Learned Judge has found that the parties were trying to effect a compromise during the period 27th February to 20th March, 1971. Since the records of the case had not been sent for, I as




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