KERALA HIGH COURT: HUSBAND AND WIFE CAN TESTIFY ON BEHALF OF EACH OTHER WITHOUT EXECUTING POWER OF ATTORNEY [S.120 EVIDENCE ACT]

The Kerala High Court in the case Smitha v Anil Kumar observed and has held that under Section 120 of the Evidence Act, a husband is permitted to testify in lieu of his wife and vice versa even without a written authority or power of attorney.

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The bench headed by Justice Kauser Edappagath in the case observed and has stated that the Trial Court had wrongly rejected the request for examining the plaintiff's husband for and on her behalf in the trial of a suit.

The court while considering the said provision stated that it is clear that a non-litigating spouse is a competent witness for the other spouse who litigates and that the expression competency of witness refers to the capacity, ability or qualification to give evidence in the Court of Law.