Condonation of Cruelty

 

Before seeking reliefs from the Court it is extremely important to know what are the boundaries within which you can claim the reliefs.

 

Very recently, a man lost his case for Divorce because the Court held that he had condoned the cruelty inflicted upon him by his wife. Tolerating the misbehaviour of the spouse over a period of time may lead to the Court coming to a conclusion that the Petitioner had condoned the misbehaviour resulting into the offended spouse being deprived of his grounds for divorce.

 

Condonation means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed. To constitute condonation there must be, therefore two things: forgiveness and restoration….

 

If the wife had lodged a case of dowry against the husband, and yet he took her to his house and thereafter she became pregnant and she gave birth to his child it will be held that the husband had condoned the cruelty alleged by the wife, hence subsequently he cannot take up the ground of cruelty and ask for divorce.

 

 

This article has been written by Ketaki Jayakar, Advocate.

 

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