What is the meaning of condonation in law?
Asked by: Rebeka Flatley | Last update: May 10, 2025Score: 4.7/5 (66 votes)
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 is the legal definition of condonation?
: implied pardon of an offense by treating the offender as if it had not been committed.
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 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.
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.
Doctrine of Condonation (Explained)
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.
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 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.
What do you mean by condonation?
Definitions of condonation. noun. a pardon by treating the offender as if the offense had not occurred. forgiveness, pardon. the act of excusing a mistake or offense.
What is collusion in marriage?
(4) In this section, collusion means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, ...
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 period 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 ...
What is a sentence for condonation?
Condonation of a breach enhances the probability.
What is a synonym for condonation in law?
Recent Examples of Synonyms for condonation. forgiveness. pardon. remission. absolution.
What is a letter of condonation?
A condonation application is made through a written affidavit requesting a 'pardon' from the commission for the lateness in referring a matter. Section 191 of the LRA determines the time frames within which employees must refer disputes to the CCMA.
What is the meaning of 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 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 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 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 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.
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 condonation in divorce?
The court said, "Condonation, as that. word is used in divorce suits, is merely a forgiveness-by the aggrieved spouse of past offenses."
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 is collusion in divorce?
In the law of divorce collusion is a conspiracy of a husband and wife, to suppress evidence, to present false or manufactured testimony, or for one of them to commit, or appear to commit, an act which would lead the court to grant a divorce.
What are the elements of condonation?
- the degree of lateness;
- the reasons for the late referral;
- the prospects of success in the underlying dispute; and.
- any other relevant factors, including any prejudice that either party may suffer.