Section 52. Competence of husband and wife to give evidence as to cruelty or desertion

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).