7AActions in tort between husband and wife

### 7A Actions in tort between husband and wife > *\[Section 7A Inserted by No. 61 of 1965, s. 4 \]* > > > (1)  Subject to this section, each of the parties to a marriage has the like right of action in tort against the other as if they were not married. > > > (2)  Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court or a judge may stay the action if it appears to the court or judge – > > > > > > (a) that no substantial benefit would accrue to either party from the continuation of the proceedings; or > > > > > > > (b) that the question or questions in issue could more conveniently be disposed of under [section 8](#GS8@EN) – > > > > and, without prejudice to [paragraph (b)](#GS7A@Gs2@Hpb@EN) , the court or judge may, in such an action, exercise any power that could be exercised on an application under that section or give such directions as it or he thinks fit for the disposal under that section of any question arising in the proceedings. > > > (3)  [*\[Section 7A Subsection (3) amended by No. 13 of 2012, s. 44, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS44@EN) Where an action to which this section relates is brought in the Magistrates Court (Civil Division) and the court stays the action, a party to the action who is dissatisfied with the decision of the court to stay the action may appeal from that decision to the Supreme Court, and that Court has jurisdiction to hear and determine the appeal. > > > (4)  The procedure on an appeal under [subsection (3)](#GS7A@Gs3@EN) shall be in accordance with the Rules of Court relating to appeals from inferior courts (other than licensing courts). > > > (5)  [*\[Section 7A Subsection (5) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC2@Hpa@EN) Rules of court shall be made under the [Supreme Court Civil Procedure Act 1932](/view/html/inforce/2026-04-12/act-1932-058) and the [Magistrates Court (Civil Division) Act 1992](/view/html/inforce/2026-04-12/act-1992-027) making provision for requiring a court or judge to consider at an early stage of proceedings in tort between the parties to a marriage whether the power to stay the action under [subsection (2)](#GS7A@Gs2@EN) should or should not be exercised. > > > (6)  [*\[Section 7A Subsection (6) omitted by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC2@Hpb@EN) .  .  .  .  .  .  .  .