Section 48 Evidence.
England and Wales
(1)
The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.
(2)
In any proceedings for nullity of marriage, evidence on the question of sexual capacity shall be heard in camera unless in any case the F1court is satisfied that in the interests of justice any such evidence ought to be heard in open court.
Annotations
Textual amendments
- F1
Word in s. 48(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 34; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)