13. Form of proceedings

Subject to subsection (2) of section 12 all evidence taken by a Magistrate under this Act shall be taken in the presence of the person against whom the application is made or, when his personal attendance is not required by the

Magistrate, in the presence of his attorney-at-law, if any, and shall be recorded in the manner prescribed for trials in the

Magistrates Court :

Provided however, it shall not be necessary to frame a charge or to record the statement of the person aginst whom the application is made in the manner prescribed in the Code of Criminal Procedure Act, No.15 of 1979 :

Provided further, that in any proceedings under this Act it shall be competent for the person against whom the application is made to give evidence upon oath or affirmation as an ordinary witness, and each spouse shall be a competent witness against the other spouse.