52. Competence of husband and wife to give evidence as to cruelty or desertion.—
On any
petition presented, 6[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.
1. Subs. by Act 51 of 2001, s. 27, for “Code of Civil Procedure” (w.e.f. 3-10-2001).
2. The Words “or of reversal of judicial separation, or for restitution of conjugal rights, or for damages, shall bear a stamp of
five rupees, and” rep. by Act 7 of 1870, s. 2 and the Schedule III.
3. The words “in the first, second and third cases mentioned in this section,” rep. by Act 7 of 1870, s. 2 and the Schedule III.
4. The words “shall bear a stamp of eight annas and” rep. by Act 7 of 1870, s. 2 and the Schedule III.
5. Subs. by the A.O. 1950, for the Provinces, which had been substituted by the A.O. 1948, for “British India”.
6. Subs. by Act 51 of 2001, s. 28, for certain words (w.e.f 3-10-2001).
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