What are the elements of condonation?
Asked by: Vicenta Breitenberg | Last update: August 5, 2025Score: 4.1/5 (63 votes)
Condonation is an affirmative defense and must be pled to be raised at trial. See Rule 8(c), SCRCP. The definitions of condonation are confusing but basically condonation requires two elements: knowledge of the spouse's improper behavior and continued cohabitation and marital intimacies after obtaining that knowledge.
What are the requisites of condonation?
For condonation to be legally effective, the following requisites must be met: Existence of a Valid Debt: There must be an existing debt or obligation owed by the debtor. Intent to Renounce the Obligation: The creditor must clearly intend to extinguish the debt, without requiring any reciprocation or payment.
What are the acts of condonation?
The law governing condonation may vary state to state, but generally it is an act to forgive one's spouse who has committed an act of wrongdoing that would constitute grounds for divorce in a marriage. Condonation is often used as a defense to a divorce.
What is the rule of condonation?
Condonation of Delay Under Limitation Act, 1963
It provides that the court can accept any appeal or application when filed after the limitation period if the appellant or applicant shows that he had a sufficient cause for not filing the appeal or application within the prescribed period.
What is an example of condonation?
For example, if a wife did not object to her husband's adultery even though she was aware of it, and she later tries to use it as grounds for a divorce or the basis for a settlement in her favor, he could counter these efforts by arguing that she had condoned his behavior.
Doctrine of Condonation (Explained)
What is the process of condonation?
He / she is required to make application to the CCMA to condone the fact that he/she failed to refer the dispute timeously. Condonation, in this sense, is the action of excusing a party's failure to comply with the timeframes prescribed for referral of a dispute to the CCMA.
What is an example of condoned?
- Our religion does not condone that behaviour.
- Many see understanding as accepting or condoning a behaviour.
- The party denies the charges and says it does not condone violence.
- But that does not condone the behaviour.
- That would be to condone incitement to violence.
What is the concept of condonation?
: voluntary overlooking or pardon of an offense. specifically : express or implied and usually conditional forgiveness of a spouse's marital wrong (as adultery or cruelty)
What is the case law for condonation?
“It is now trite that condonation cannot be had for the mere asking. A party seeking condonation must make out a case entitling it to the court's indulgence. It must show sufficient cause. This requires a party to give a full explanation for the non-compliance with the rules or court's directions.
What is a valid reason for condonation of delay?
Sufficient Cause to Grant Condonation of Delay:
Significant changes in the law. Serious illness of the applicant. Imprisonment of the applicant. The applicant being a pardanashin woman (living in seclusion) Delay in procuring copies from officials, provided the applicant initiated efforts to obtain them vigilantly.
What is the defense of condonation?
One such defense is the defense of condonation, which is the “conditional remission or forgiveness, by one of the married parties; the condition being that the offense shall not be repeated.” For example, if one spouse forgives the other spouse for having an affair, he or she does so on the condition that the spouse ...
How to write a condonation letter?
We, request you to be pleased to consider the facts of the case and condone the delay of days. We further request you to please provide us with personal hearing in case you are passing any adverse order or rejecting our application for condonation. For ….….
What does condon mean in law?
1. to overlook or forgive (an offence) 2. law. (esp of a spouse) to pardon or overlook (an offence, usually adultery)
What are the requisites of consideration?
In order to be valid, consideration must have: legally sufficient value: each party's consideration has to be equivalent in value, not an illegal act, and not something where there is already the legal obligation to do so. bargained for: both parties agree to gain a reward and receive a detriment.
What is condonation of obligation?
The condonation or remission of debt is a mode of extinguishment of obligation wherein the creditor gratuitously renounced his right against the debtor with the latter's acceptance. Requisites of Remission.
What is the law of condonation?
Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing.
What happens if condonation is not granted?
If condonation was granted, the dispute would proceed to the next process being either conciliation or con-arb. If condonation was refused, the CCMA cannot hear the dispute any further. The applicant may challenge the decision at the Labour Court.
What is the difference between Connivance and condonation?
Condonation means that the accusing spouse approved of the other spouse's actions while they were happening. Another defense is connivance, which means that the accusing spouse arranged the circumstances so that their spouse would engage in the activities now complained of.
What is the power of condonation?
The condonation of delay is a remedy and not a right to the aggrieved party. Even if the party successfully provides a sufficient cause, the Courts have the discretionary power to deal with the application of condonation of delay. The word “sufficient cause” is an important phrase in this section.
What is penalty condonation?
Under the program, SSS shall combine the principal and interest of a member's past-due short-term member loans into one consolidated loan while all unpaid penalties shall be consolidated and condoned upon full payment of the consolidated loan.
What is a condonation request?
Condonation of delay is the process of requesting the Income Tax Department for allowing you to verify your ITR (after 120 days of filing your ITR) or submit your ITR (after the last date of filing) by citing the reasons of delay on your part.
How do you condone something?
If you condone something, you allow it, approve of it, or at least can live with it. Some teachers condone chewing gum, and some don't. Things that are condoned are allowed, even if everyone isn't exactly thrilled about it.
What does Cannot be condoned mean?
to accept behavior that is morally wrong or to treat it as if it were not serious Terrorism can never be condoned. The college cannot condone any behavior that involves illicit drugs.
What is a sentence for condonation?
Condonation of a breach enhances the probability.