Section 16-61-102 - Married persons(a) If a husband and wife are sued together, the wife may defend: (1) For her own right; and(2) If the husband neglects to defend, for his right also.(b) Where a husband, being a father, has deserted his family, the wife, being a mother, may prosecute or defend in his name any action which he might have prosecuted or defended and shall have the same powers and rights therein as he might have had.Civil Code, §§ 43, 44; C. & M. Dig., §§ 1108, 1109; Pope's Dig., §§ 1324, 1325; A.S.A. 1947, §§ 27-821, 27-822.