What is condonation in family law?
Asked by: Ms. Florine Altenwerth Sr. | Last update: March 8, 2025Score: 4.1/5 (45 votes)
Condonation is often used as a defense to a divorce. According to chapter 14-05-13 of 2019 North Dakota Century Code , condonation is well defined as: the conditional forgiveness of a matrimonial offense constituting a cause of divorce.
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.
What is condonation in simple terms?
: 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) Medieval Latin condonatio remission, pardon, from Latin condonare to give away, absolve.
Why do spouses engage in condonation?
A husband discovers his wife's infidelity and agrees to forgive her. They resume their marital relationship. Later, if the husband sues for divorce on the grounds of adultery, the wife can argue condonation, asserting that her husband forgave her actions and therefore cannot use them against her in court.
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.
Issues in Maryland Family Law: Property, Adultery Condonation
What does condonation mean in divorce?
Condonation is often used as a defense to a divorce. According to chapter 14-05-13 of 2019 North Dakota Century Code , condonation is well defined as: the conditional forgiveness of a matrimonial offense constituting a cause of divorce.
What happens after condonation?
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.
How to prove condonation?
To prove condonation, the spouse at fault must first prove that the innocent spouse knew that the misconduct occurred. The spouse at fault must then show that the innocent spouse voluntarily chose to continue the marital relationship.
What are the valid reasons for condonation of delay?
Instances where condonation is allowed-
Illness of the person filing the suit or appeal or application. Party is a pardanashin woman. Party is illiterate. Delay caused due to the pendency of the writ petition.
What is tortious interference in a marriage?
It is a civil action as between spouses, or against a third party for their interference in the marital relationship. As with most torts, these actions may be based on a party's intentional or negligent behavior. In most jurisdictions marital privileges and immunities are suspended for the purpose of the proceedings.
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 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 period of condonation?
Section 21(5) allows for condonation of delay up to 90 days on the presence of 'sufficient cause' that had led to the delay. Going even beyond the 90-day limit as provided by the statute, the Court has been generous in considering appeals that have a delay extending 90 days.
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.
What does condonation mean?
Definitions of condonation. noun. a pardon by treating the offender as if the offense had not occurred. forgiveness, pardon.
How do you ask for condonation?
- The extent of lateness in submitting the referral: ...
- The reasons for the delay: ...
- The likelihood of succeeding in the case: ...
- The extent of prejudice:
What does it mean to apply for 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.
How much delay can be condoned?
If the cause for delay would fall within the four corners of “sufficient cause”, irrespective of the length of delay same deserves to be condoned. However, if the cause shown is insufficient, irrespective of the period of delay, same would not be condoned.”, the court said.
How do I file a condonation of delay?
- Step 1: Navigate to the e-Filing website.
- Step 2: Log in using your user id and password.
- Step 3: Go to 'Dashboard', select 'Services' and then click on 'Condonation Request'
What is the meaning of condonation in divorce?
For example it is said, "Now condonation is forgiveness legally releasing the injury; it may be express or implied, as by the husband cohabiting with a delinquent wife, for it is to be presumed he would not take her to his bed again unless he had forgiven her";10 or, "Condonation is forgiveness. . .
What is a condonation in law?
condonation n
[Medieval Latin condonatio remission, pardon, from Latin condonare to give away, absolve] : voluntary overlooking or pardon of an offense. ;specif. : express or implied and usually conditional forgiveness of a spouse's marital wrong (as adultery or cruelty)
How do you 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 is the rule of condonation?
Condonation of delay is a discretionary remedy exercised by courts wherein, upon an application made by a party who wishes to have an appeal or application admitted after the prescribed period, the court may condone (overlook) the delay if the party provides a “sufficient cause” that hindered them from filing the ...
Is there a time limit for condonation?
An employee must refer the dispute to the CCMA within 30 days. If the employee fails to do this within that time period, he is required to make application to the Commission to condone the reason that he failed to refer his case timeously.
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.