Condonation of a matrimonial offence has to be a conscious and deliberate act conveying full ratification of matrimonial status
Condonation of a matrimonial offence has to be a conscious and deliberate act conveying full ratification of the matrimonial status and it is now well-settled that that alone would constitute a bar to the challenge to a marriage otherwise vitiated by fraud. "Condonation to be effective "observed S. S. Sandhawalia, C. J. in Bikkar Singh v. Mohinder Kaur MANU/PH/0146/1981. "has both a factual and a mental element. There is to be both a factum of reinstatement and a clear intention to forego and remit the wrong. Therefore an effective and total condonation can arise only from a conscious and deliberate ratification of the marital status by the aggrieved spouse, which may lead to a strong inference of a total wiping of a matrimonial offence". So considered. there is clearly no warrant to spell out any condonation by the husband of the fraud committed upon him by his wife in concealing her true age from him and thereby inducing him to marry a woman much older than him in age.
AIR1986P&H191, (1986)89PLR121
IN THE HIGH COURT OF PUNJAB AND HARYANA
Decided On: 07.10.1985
Appellants: Som Dutt
Vs.
Respondent: Raj Kumari
Vs.
Respondent: Raj Kumari
