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DIVORCE LAW

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Under Indian laws pertaining to marriage disputes,<br />

condonation means pardoning a matrimonial offence such<br />

as adultery. The concept of condonation also involves<br />

reinstating the offending spouse to the same level of respect<br />

and mutual understanding that s/he enjoyed before<br />

committing the offence. It must be noted that a spouse<br />

cannot seek matrimonial relief on the ground of lapse by the<br />

other if it was already condoned. Almost all the statutes<br />

under Indian laws provide condonation as a bar for seeking<br />

matrimonial relief. Under Indian laws pertaining to marriage<br />

disputes, condonation means pardoning a matrimonial<br />

offence such as adultery. Condonation is one of the defenses<br />

to the fault grounds for divorce. Condonation is the<br />

forgiveness or acceptance by one spouse of the other<br />

spouse's wrongful behaviour that otherwise could be used<br />

as grounds for a divorce.<br />

An example of condonation is a husband who does not<br />

object to his wife's adultery. If the husband sues his wife for<br />

divorce, claiming she has committed adultery, the wife may<br />

argue as a defense that her husband condoned her<br />

behavior. The following are required for a court to find<br />

condonation and to deny a fault-based divorce:<br />

‣ The condoning spouse knows about the other<br />

spouse's wrongful behavior,<br />

‣ The condoning spouse forgives the offending spouse<br />

‣ The condoning spouse does not deny the offending<br />

spouse sexual relations<br />

Divorce Law – An Overview

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