Competency of husband and wife as witnesses in certain cases
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Summary
Parties to a civil suit, and the husband or wife of any party, are competent witnesses in that civil proceeding. In criminal proceedings against a person, that person's husband or wife is also a competent witness in that trial. Being competent means they may be called and examined like any other witness under the ordinary rules of evidence.
Example
Priya files a civil suit against a builder for failing to deliver her flat. Priya, as a party, can testify in the suit, and her husband Rohan may also be called as a competent witness.
Bare Act
Enacted text(1) In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
(2) In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
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