2.
It may be express or implied, as, if a husband, knowing of his wife's
infidelity, cohabit with her. 1 Hagg. Rep. 789; 3 Eccl. R. 338.
3.
Condonation is not, for many rea sons, held so strictly against a wife
as against a husband. 3 Eccl. R. 830 Id. 341, n.; 2 Edw. R. 207. As all
condonations, by operation of law, are expressly or impliedly
conditional, it follows that the effect is taken off by the repetition
of misconduct; 3 Eccl. R. 329 3 Phillim. Rep. 6; 1 Eccl. R. 35; and
cruelty revives condoned adultery. Worsley v. Worsley, cited in Durant
v. Durant, 1 Hagg. Rep. 733; 3 Eccl. Rep. 311.
4.
In New York, an act of cruelty alone, on the part of the husband, does
not revive condoned adultery, to entitle the wife to a divorce. 4
Paige's R. 460. See 3 Edw. R. 207.
5.
Where the parties have separate beds, there must, in order to found
condonation, be something of matrimonial intercourse presumed; it does
not rest merely on the wife's not. withdrawing herself. 3 Eccl. R. 341,
n.; 2 Paige, R. 108.
6.
Condonation is a bar to a sentence of divorce. 1 Eccl. Rep. 284; 2
Paige, R. 108. In Pennsylvania, by the Act of the 13th of March, 1815,
7, 6 Reed's Laws of Penna. 288, it is enacted that " in any suit or
action for divorce for cause of adultery, if the defendant shall allege
and prove that the plaintiff has admitted the defendant into conjugal
society or embraces, after he or she knew of the criminal fact, or that
the plaintiff (if the husband) allowed of his wife's prostitutions, or
received hire, for them, or exposed his wife to lewd company, whereby
she became ensnared to the crime aforesaid, it shall be a good defence,
and perpetual bar against the same." The same rule may be found,
perhaps, in the codes of most civilized countries. Villanova Y Manes,
Materia Criminal Forense, Obs. 11, c. 20, n. 4. Vide, generally, 2 Edw.
207; Dev. Eq. R. 352 4 Paige, 432; 1 Edw. R. 14; Shelf. on M. & D.
445; 1 John. Ch. R. 488 4 N. Hamp. R. 462; 5 Mass. 320.
No comments:
Write comments