Condonation of matrimonial wrong

Querist : Anonymous (Querist) 12 September 2010 This query is : Resolved
Ld counsels,

Both husband and wife attended private marriage counseling out of their own wish and no reconciliation occured.

In the suit for divorce can the wife plead that she did not condone the matrimonial wrongs which are alleged to have been committed by husband prior to the attending of marriage counseling. Does that fall under estoppel by conduct.

Kindly clarify.

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s.subramanian (Expert) 12 September 2010
It is more or less like a confession or admission falling under Sec.17 to 31 of Indian Evidence Act. It cannot amount to estoppel since there is no representation by the husband on which the wife acted and suffered a detriment.But the wife can take advantage(undue) of the revelations made innocently at counselling by the husband and she can summon the counsellor also to substantiate her stand for divorce.

Querist : Anonymous (Querist) 12 September 2010
The relevant section of evidence act is below.
Section 23. Admission in Civil cases, when relevant - In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given

Such confessions cannot be relevant as it is open for the court to infer that the counseling occured with an "expectation" that the matter will not be taken to court
and the information will not be used in evidence.

Please clarify.

G. ARAVINTHAN (Expert) 13 September 2010
Disagreement in counselling session also leads to broke down of marriage

Devajyoti Barman (Expert) 13 September 2010
I do not think any admissions made before the counselor would be of any help.In any case such acts does not condone the cruelty of the other and the petitioner can also take the plea of any subsequent cause of action.

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