in the querry
is RCR would be presumed condonation of Previous cruelities (Family Law)
with solution to query it is given that "If both spouse resumes cohabitation as husband and wife and spends 180 days under same roof then it is assumed to condone earlier cruelties which were earlier inflicted by one spouse onto another."
i request you to give your openion on given below
In the landmark case of Tapan Kumar and Jyotsna AIR 1997 Cal 134, the wife sued the husband on criminal charges and petitioned for maintenance suit against him. However, the parties had been living together for more than a year after a compromise. The court dismissed the husband’s petition for relief alleging cruelty on account of the fact that the offence was committed before the compromise was made, thereby amounting to condoning the act of cruelty.?
queation is:
if wife file 498A and afert that living with the husband for more that one year or say upto 180 days ,so this sufficiet that the charges of mental cruelty on husband by wife are condone ?