The act of condonation of cruelty could be one of the relevant considerations in deciding a petition for divorce.

However, a decree for divorce should not be refused only on the ground that the husband condoned all the acts of cruelty complained of against his wife. As such, the question of condonation has to be examined by the Court even though the same has not been pleaded as a defence by the respondent. Condonation means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed. To constitute condonation, there must be two things: (i) forgiveness; and (ii) restoration. As to what constitute forgiveness, would apparently depend upon the facts of each case. There is no doubt that a daughter was born on 8th August, 2005, but there are allegations levelled by the husband which have again gone unrebutted that prior to seven months before the birth of the daughter on 8th August, 2005, the parties had no relations and the wife was not discharging any of her marital obligations. An act of condonation of cruelty is always on the understanding that the spouse against whom such acts of cruelty are alleged would not indulge into any such acts in future. However, if such acts of cruelty continue even after the condonation, then in such circumstances the Court would be justified in granting a decree for divorce.

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