Competency and compellability of husband and wife in civil cases

(1) In every action, suit or other civil proceeding in any court, the husband and wife of the parties shall, except as provided in sub- section (2), be competent and compellable to give evidence, either viva voce or by deposition or affidavit according to the practice of cases. 33 the court, on behalf of either or any of the parties to the said action, suit or other proceeding. (2) Neither the husband nor the wife shall be competent or compellable to give evidence for or against his wife or her husband in any proceeding instituted in consequence of adultery. (3) On every petition presented by a husband or a wife for divorce on the ground of adultery and also on any other ground for divorce, the husband and wife shall be competent and compellable to give evidence with respect to the other ground for divorce set out in the petition. (4) The parties to any proceedings instituted in consequence of adultery and the husbands and wives of the parties shall be competent to give evidence in the proceedings, but no witness in any such proceedings, whether a party thereto or not, shall be liable to be asked or be bound to answer any question tending to show that he or she has been guilty of adultery unless he or she has already given evidence in the same proceedings in disproof of the alleged adultery.