CAP. 152 Matrimonial Causes [Rev. 2012] 36. Evidence The parties to any proceedings instituted in consequence of adultery and the husbands and wives of the parties shall for the purposes of this Act 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. 37. Evidence of access (1) Notwithstanding any rule of law, 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) Notwithstanding anything in this section or any rule of law, a husband or wife shall not be compellable in any proceedings to give evidence of the matters aforesaid. [Act No. 5 of 1952, s. 5.] 38. Appeals Any decree nisi in a suit for dissolution or nullity of marriage may be appealed from within thirty days after the date of the making thereof, and all other decrees and orders made by the court in proceedings under this Act shall be enforced, and may be appealed from, as if they were decrees or orders made by the court in the exercise of its civil jurisdiction: Provided that— (i) in suits for dissolution or nullity of marriage no respondent or corespondent not appearing and defending the suit on the occasion of the decree nisi being made shall appeal against the decree being made absolute unless the court gives leave to appeal at the time of the decree being made absolute; (ii) no appeal, from an order absolute for dissolution or nullity of marriage shall lie in favour of any party who, having had time and opportunity to appeal from the decree nisi, has not appealed therefrom. [Act No. 14 of 1948, s. 2, Act No. 15 of 1961, Sch.] 39. Rules of court (1) The Rules Committee may make rules of court prescribing anything required to be prescribed under this Act and with respect to all matters of practice and procedure under this Act: Provided that, until such rules have been made, the practice and procedure shall be in accordance with the rules set out in the Schedule to this Act. (2) The power conferred upon the Rules Committee by this section to make rules shall include the power to rescind, revoke, amend or vary such rules and the rules set out in the Schedule to this Act. [Issue 1] M9 - 18