Question: Can I take legal action against my own spouse?
Answer: Yes, you can! In fact, according to Section 4A of the Married Women Act, a husband or wife is entitled to sue each other in tort for damages in respect of injuries to his or her personcause by their spouse.
CAN I TESTIFY REGARDING COMMUNICATION BETWEEN ME AND MY SPOUSE?
Question: Can I testify in Court regarding private communication made between me and my spouse in the privacy of our own room?
Answer: No, as per Section 122 of the Evidence Act. This is because communication between spouses is considered privileged communication and can not be revealed without the other spouse’s consent.
CAN I TESTIFY AGAINST MY OWN HUSBAND IN COURT?
Question: My husband has been accused of assaulting me. Am i prevented from testifying against him under Section 122 of the Evidence Act?
Answer: You can, because if the crime done by your spouse is a crime against you, then the privilege under Section 122 of the Evidence Act is no longer applicable.
WHAT’S MINE IS YOURS… OR IS IT?
Does the property of a woman belong to her entirely even after marriage? Or does that change once her status changes from single to married?
According to Section 5(1) of the Married Women Act, the property belonging to a woman at the time of her marriage, as well as the property she acquires afterwards, belong to herself entirely.
CAN A CRUCIAL WITNESS REFUSE TO COME TO COURT?
Have you ever wondered what will happen if an important witness like a Doctor is unwilling or unable to attend Court to testify? Will that be the end of the case?
For your information, according to Order 38 Rule 14 of the ROC 2012 the Court may order anyone to attend a proceeding either to testify and/or produce documents.
WHAT HAPPENS TO WITNESSES WHO PURPOSELY IGNORE A SUBPOENA?
A witness who has received a subpoena from court is OBLIGATED to attend trial
to testify. If the witness purposely ignores the subpeona, the witness may be subjected to comittal pursuant to Order 52 Rule 2 of the Rules of Court.
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