Vedang
Asked September 04, 2013

compelling wife to give evidence against husband

  • 3 Answers
  • 190 Views

Can a wife be compelled to give evidence against her husband in a civil or criminal case? Answer with reasons.

Answers 3

Default avatar
Aditya Marwah

Ans. 

 

Yes, a wife can be compelled to give evidence against her husband in a civil or criminal case.

 

On 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.

 

Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.

Agree Comment 0 Agrees almost 4 years ago

Default avatar
Rutumbhara

Dear Vedang, the general rule is that anyone who is competent can be compelled (forced) to give evidence in a criminal or civil case. You are considered to be a competent witness if you are capable of giving admissible or allowable evidence in a court. In civil proceedings the court may give anonymity to a witness where the witness has a medical condition and being identified as having that condition would cause undue stress to the witness.Yes, a wife can be compelled to give evidence against her husband in a civil or criminal case, to give evidence for either the defense or the prosecution (unless you happen to be a co-accused). On 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.Rutumbhara www.lawkonect.com 09555 507 507

Agree Comment 0 Agrees over 3 years ago

Sir , not only your wife no body can be compelled or forced to give evidence against any person and the evidence should be volunatrily made without any force or complusion.

Agree Comment 0 Agrees 11 months ago

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