When matrimonial offence which is condoned will revive?

 But condonation of a matrimonial offence is not to be likened to a full Presidential Pardon under Article 72 of the Constitution which, once granted, wipes out the guilt beyond the possibility of revival. Condonation is always subject to the implied condition that the offending spouse will not commit a fresh matrimonial offence, either of the same variety as the one condoned or of any other variety. "No matrimonial offence is erased by condonation. It is obscured but not obliterated" See Words and Phrases Legally Defined (Butterworlhs) 1969 Fd., Vol I, p. 305, ("Condonation") Since the condition of forgiveness is that no further matrimonial offence shall occur, it is not necessary that the fresh offence should be ejusdem generis with the original offence See Halsbury's Laws of England, 3rd Ed., Vol. 12, p. 3061. Condoned cruelty can therefore be revived, say, by desertion or adultery."

59. Section 23(1)(b) of the Act, it may be urged, speaks of condonation but not of its revival and therefore the English doctrine of revival should not be imported into matters arising under the Act. Apparently, this argument may seem to receive some support from the circumstances that under the English law, until the passing of the Divorce Reform Act, 1969 which while abolishing the traditional bars to relief introduces defences in the nature of bars, at least one matrimonial offence, namely, adultery could not be revived if once condoned See Rayden on Divorce, 11th Ed. (1971) pp. 11, 12, 23,68,2403. But a closer examination of such an argument would reveal its weakness. The doctrine of condonation was established by the old ecclesiastical courts in Great Britain and was adopted by the English Courts from the canon law. 'Condonation' is a technical word which means and implies a conditional waiver of the right of the injured spouse to take matrimonial proceedings. It is not 'forgiveness' as commonly understood See Words and Phrases Legally Defined (Butterworths) 1969 Ed., p. 306 and the Cases cited therein. In England condoned adultery could not be revived because of the express provision contained in Section 3 of the Matrimonial Causes Act, 1963 which was, later incorporated into Section42(3) of the Matrimonial Causes Act, 19b5. In the absence of any such provision in the Act governing the charge of cruelty, the word 'condonation' must receive the meaning which it has borne for centuries in the world of law See Ferrers v. Ferrers (1791) 1 Hag. Con. 130 . 'Condonation under Section 23(1)(b) therefore means conditional forgiveness, the implied condition being that no further matrimonial offence shall be committed,

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2224 of 1970

Decided On: 19.03.1975

Dr. N.G. Dastane

Vs.

Mrs. S. Dastane

Hon'ble Judges/Coram:

N.L. Untwalia, P.K. Goswami and Y.V. Chandrachud, JJ.

Citation:1975 AIR 1534 1975 SCR (3) 967,1975 SCC (2) 326

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