Answer:- In England neither a wife can sue her husband for a tort nor can a husband sue his wife, upon the principle of English Law that husband and wife form, in the eve of the law, one person. After passing of the Married Women’s Property Act, 1882, a wife may sue her husband for the protection and security of her separate property. But husband has no right to sue his wife. A wife cannot sue her husband for his anti-nuptial tort; nor can she sue him for a personal wrong such as assault, libel or injury caused to her by he husband’s negligence. Hence it is to correct to say that the husband “can break the wrist but not the watch of his wife”.
In modern times, the prohibition of actions in tort between spouses has been productive for serious anomalies and injustice and it has been abolished by the Law Reform (Husband and Wife) Act, 1962. Now each of the parties to marriage has the same right of action in torts against the other.
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