BBA LLB 07 July 2021

Estoppel

Whether principle of estoppel operates against a husband in adultery case when he cohabited with his wife after coming to know that his wife has been cohabiting with another person?

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Quick Summary

This discussion explores whether the legal principle of estoppel can prevent a husband from filing an adultery case if he continues to live with his wife after learning of her infidelity. The prevailing view is that such situations do not fall under estoppel. Instead, moral values, mutual trust, and understanding are considered more relevant in marital relationships. Each act of adultery is seen as a fresh cause of action, meaning the husband is not legally estopped from pursuing a case.

3 Replies

Dr J C Vashista (Advocate) 08 July 2021

What is the advise of your professor/ guide/ tutor?

G.L.N. Prasad (Retired employee.) 08 July 2021

A mere ignoring the guilt of a wife by a broad-minded husband who wishes to save the pious relationship is not related to "estoppel as the act has not stated this type of human relations in estoppel and in absence of laid down law Moral values, mutual trust and understanding play the role in matrimonial relationship 'in deciding the case.