LawgistThe Divorce Act
52Competence of husband and wife to give evidence as to cruelty or desertion
On any petition presented, 1[by a husband or a wife, praying that his or her marriage may be dissolved by reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or desertion], 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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1. Subs. by Act 51 of 2001, s. 28, for certain words (w.e.f 3-10-2001).
XII.--PROCEDURE
- 45 Code of Civil Procedure to apply
- 46 Forms of petitions and statements
- 47 Petition to state absence of collusion
- 48 Suits on behalf of lunatics
- 49 Suits by minors
- 50 Service of petition
- 51 Mode of taking evidence
- 52 Competence of husband and wife to give evidence as to cruelty or desertion
- 53 Power to close doors
- 54 Power to adjourn
- 55 Enforcement of, and appeals from, orders and decrees
- 56 Appeal to the Supreme Court
