Can a husband sue for damages against his wife for injuries sustained in an assault allegedly arranged by the wife?

In Photinopoulos a husband sued his wife and others for damages in respect of injuries suffered in an assault allegedly arranged by the wife. The parties were married at the time of the assault but were divorced before the action was commenced. After referring to Manning v. Howard with approval, the court concluded at p. 205: … that, in the present case, given the fact that at the time of commencement of the action against the wife, the spouses were divorced, s. 2 of the Married Women’s Act does not constitute a bar to the husband’s civil action.