Condonation of fraud on marriage

Querist : Anonymous (Querist) 17 October 2010 This query is : Resolved
Ld counsels,

Husband filed restitution on conjugal rights

Wife Filed annulment of marriage onthe gound of fraud.
After some time husband discovered that the fraud was committed by wife.

Can it be inferred that the positive stand taken by the husband in any of the IA petition filed after the discovery of fraud with regards to restitution on conjugal rigths is an act of condonation of fraud committed by wife.

Kindly clarify. The quesiton is bit intricate that in one of the IA petition filed by husband after the discovery of fraud be considered as a condonation of fraud committed by wife.

Thanks

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Querist : Anonymous (Querist) 17 October 2010
Also please confirm propsition law that condonation is both factual and mental. In the absence of factual co-habitaiton and restoration mental condonation of a voidable marriage cannot be accepted.

Thanks

M/s. Y-not legal services (Expert) 18 October 2010
For this why have to file an i.a? The husband can prove his case at the time of evidence..

pawan sharma (Expert) 18 October 2010
what is I A?

Devajyoti Barman (Expert) 18 October 2010
Yes such positive stand taken by the husband after discovery of fraud is indeed condonation.

Querist : Anonymous (Querist) 18 October 2010
Please note the fraud was continuing even after the postive stand. It is continuing bcos the wife as filed a annulment and insist on annulment when the defaulting party is continuing the default how can the matrimonial wrong be considered as condoned when there is no restoration to the status of wife.
As long as the wife refuses for a re-union how can that fraud be said to have been as disjointed and condoned.

aman kumar (Expert) 20 October 2010
agree

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