Competence of husband and wife to give evidence as to cruelty or desertion
Section 52 of the Divorce Act, 1869 deals with competence of husband and wife to give evidence as to cruelty or desertion. On any petition presented, [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 The Act came into force on 26 Apr 1869.
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.
Section 52, The Divorce Act, 1869 (Act 4 of 1869).
Questions about Section 52
What does Section 52 of the Divorce Act deal with?
Section 52 of the Divorce Act is headed "Competence of husband and wife to give evidence as to cruelty or desertion". On any petition presented, [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
How do I find court cases under Section 52 of the Divorce Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Divorce Act 1869 52, section 52 Divorce Act 1869, section 52 of the Divorce Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 52 of the Divorce Act come into force?
Section 52 of the Divorce Act, cited as Divorce Act 1869 52, came into force on 26 Apr 1869, having been enacted on 26 Jan 1869. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Interpretation-clause389 words
- 10. Grounds for dissolution of marriage296 words
- 60. Decree for separation or protection-order valid as to persons dealing with wife before reversal253 words
- 16. Decrees for dissolution to be nisi225 words
- 14. Power to Court to pronounce decree for dissolving marriage214 words
- 37. Power to order permanent alimony205 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.