Competence of husband and wife to give evidence as to cruelly or desertion
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Summary
When a wife petitions for divorce alleging her husband committed adultery together with cruelty, or adultery together with desertion without reasonable excuse, both husband and wife are competent and can be compelled to give evidence about that cruelty or desertion. The court can require either spouse to appear and testify on those facts.
Example
Priya files a petition saying Aditya had an affair and repeatedly insulted and humiliated her. In the divorce proceeding both Priya and Aditya can be called and ordered to give evidence about the cruelty she alleges.
Bare Act
Enacted textOn any Petition presented by a wife, praying that her marriage may be dissolved by reason of her husband having been guilty of adultery coupled with cruelty, or of adultery coupled with desertion without reasonable excuse, the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.
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