Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial:
In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
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ADVERTISEMENTS:
Comments:
Under section 120 the husband and wife may give evidence against each other. In civil proceeding the parties to the suit are competent witnesses. Rule is also applicable in criminal proceeding as well.
In maintenance proceeding under section 125 of the Criminal Procedure Code the wife is competent witness. Both husband and wife is competent witnesses to give evidence in order to prove non-access against each other.” The question whether evidence given by husband, as a power of attorney is useful of deciding issues in suit or not has to be decided by the court at time of disposal of case, but not at stage or recording evidence.