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§  4502.  Spouse.  (a) Incompetency where issue adultery. A husband or
wife is not competent to testify against the other in an action  founded
upon  adultery,  except to prove the marriage, disprove the adultery, or
disprove a defense after evidence has been introduced tending  to  prove
such defense.

(b) Confidential communication privileged. A husband or wife shall not be required, or, without consent of the other if living, allowed, to disclose a confidential communication made by one to the other during marriage.