Why do spouses engage in condonation?
Asked by: Genesis Trantow | Last update: February 2, 2025Score: 4.1/5 (37 votes)
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 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 is an example of condonation?
For example, if a tenant fails to pay rent on time but the landlord continues to accept late payments without taking any action against the tenant, this may be considered condonation of the tenant's breach.
What are the elements of condonation?
- A knowledge on the part of the condoner of the facts constituting the cause of divorce;
- Reconciliation and remission of the offense by the injured party; and.
- Restoration of the offending party to all marital rights.
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 ...
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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 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 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 are the essential requisites of condonation?
There are several requisites for a valid condonation or remission: it must be gratuitous, accepted by the debtor, between parties with capacity, not inofficious, and comply with donation forms if express.
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.
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 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 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 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 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 does reason for divorce irreconcilable mean?
Irreconcilable differences means that the couple disagrees on such a level that they can no longer sustain the marriage. They cannot reconcile or resolve their differences enough to reunite or coexist within the marriage.
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 an example of implied condonation?
Implied Condonation: Implied remission happens when the actions of the creditor demonstrate an unmistakable intent to release the debt. For example, the voluntary return or destruction of the instrument of the obligation (e.g., a promissory note) signifies implied condonation under Article 1271.
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."
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 happens if condonation request is approved?
However, you may request condonation of delay in verification by giving appropriate reason. Only after submission of such request, you will be able to verify your return. However, the return will be treated valid only if the condonation request has been approved by the competent Income Tax Authority.
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?
What is Condonation of Delay in Filing ITR? Condonation of delay in filing ITR is a special relief provided by the Income Tax Department to the taxpayers for late filing or verification of ITR. Every assessee or taxpayer must submit the Income Tax Return and Complete its verification by a specific date.
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.