Temporary reunion during pendency of divorce proceedings will not defeat the claim for dissolution of marriage

Santhosh Kumar S Vs Jayasree Damodaran

Kerala HC

18/02/2020

Mat.Appeal.No.547 OF 2013

About/from the judgment:

The High Court has observed that the reunion of spouses for a temporary period during the pendency of the proceeding for divorce pursuant to settlement of matrimonial issues will not defeat the claim for dissolution of marriage on the ground of alleged condonation of cruelty nor will it bar continuance of the proceeding when their relationship is again estranged.

 

In a Matrimonial appeal, one of the contention raised before the High Court was that, during the pendency of the proceeding before the Family Court, the spouses lived together for a few months after settling the matrimonial issues at the intervention of the Lok Adalath and therefore in view of reunion, the husband was disentitled to pursue his case any further since his conduct amounted to condoning the alleged cruelties.

 

The court observed that alleged condonation can put an end to the proceeding only when the complaining spouse has led a normal and intimate life uninfluenced by the conduct of the offending spouse, in such a manner that the wronged spouse has pardoned and restored the offending spouse to the original status. It observed:

 

The reunion of spouses for a temporary period during the pendency of the proceeding for divorce pursuant to settlement of matrimonial issues will not defeat the claim for dissolution of marriage on the ground of alleged condonation of cruelty nor will it bar continuance of the proceeding when their relationship is again estranged. The alleged condonation can put an end to the proceeding only when the complaining spouse has led a normal and intimate life uninfluenced by the conduct of the offending spouse, in such a manner that the wronged spouse has pardoned and restored the offending spouse to the original status. Nothing of that sort happened in this case. The reunion lasted only for a temporary period and the spouses failed to carry on a normal and harmonious life.

 

The Court further observed that an act of cruelty once condoned could certainly revive and give rise to a cause of action for dissolution of marriage. It said:

 

Condonation of cruelty is a benevolent and generous act of an offended spouse forgiving the misdeeds of the offending spouse and restoring the latter to the original company. In every condonation there is an implied condition that the excused spouse will not repeat or commit matrimonial wrongs in future. No wrong is permanently wiped out by condonation; but is only hibernated. An act of cruelty once condoned could certainly revive and give rise to a cause of action for dissolution of marriage, when the offending spouse exploits and takes unfair advantage of the generosity or the benevolence shown by the wronged spouse and takes to matrimonial misdeeds over again. This principle of law could be gathered from the decision of the Hon'ble Apex Court in Dr. N.G. Dastane v. Mrs. S. Dasane [AIR 1975 SC 1534] wherein Their Lordships in paragraph No.57 of the decision held that 'but condonation of a matrimonial offence is not to be likened to a full Presidential pardon under Art.72 of the Constitution which, once granted, wipes out the guilt beyond the possibility of revival.'

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.