Under Indian laws pertaining to marriage disputes, condonation means pardoning a matrimonial offence such as adultery. The concept of condonation also involves reinstating the offending spouse to the same level of respect and mutual understanding that s/he enjoyed before committing the offence. It must be noted that a spouse cannot seek matrimonial relief on the ground of lapse by the other if it was already condoned.
Indian Laws Governing the Act of Condonation
Almost all the statutes under Indian laws provide condonation as a bar for seeking matrimonial relief. For instance:
- As per section 34(b) of the Special Marriage Act 1954, adultery or cruelty cannot be taken as ground for divorce if the petitioner has already condoned the respondent for it.
- As per ss 13 and 14 of the Indian Divorce Act 1869 (amended in 2001), a petitioner cannot file for relief on the ground of adultery of his/her spouse if such adultery was condoned already.
- Under the Hindu Marriage Act 1955, vide s 23, a petition seeking matrimonial relief on the ground of adultery or cruelty would be dismissed, given the offence has been condoned.
Remember, condonation must comprise two things i.e. forgiveness and restoration. It should involve both a factum of reinstatement and an absolute purpose of forgoing and remitting the wrong.
Indian Laws: Condonation in Case of Cruelty
In the landmark case of Tapan Kumar and Jyotsna AIR 1997 Cal 134, the wife sued the husband on criminal charges and petitioned for maintenance suit against him. However, the parties had been living together for more than a year after a compromise. The court dismissed the husband’s petition for relief alleging cruelty on account of the fact that the offence was committed before the compromise was made, thereby amounting to condoning the act of cruelty.
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