Condonation of matrimonial transgression involves conditional forgiveness and restoration of normal married life, and the power to dismiss a petition on the ground of delay depends on whether there has been unnecessary or improper delay.

Thomas, J.

1. Has the wife condoned her husband's matrimonial delinquency? If the answer is in the affirmative, her petition for a decree of divorce under S.13(1) of the Hindu Marriage Act, 1955 (for short'the Act') is liable to be dismissed. The court below answered the question in the negative and granted the decree prayed for by her. Hence this appeal by the husband.

2. There is no dispute that the marriage between the appellant and 1st respondent was solemnised on 4-3-1968 and that no issues were born in the wedlock. First respondent alleged that her husband married another lady (2nd respondent) later and begetted three children through that lady. Further allegation is that on all occasions when she questioned him about the said relationship, the husband snorted out and scoffed at her, on many such occasions he thrashed her down. Though the appellant denied the allegation that he married 2nd respondent, he had the temerity to admit, perhaps since he could not help it, that he had promiscuous sexual liaise with her as a result of which three children were born to her. But his effort was to show that the aforesaid illicit indulgence was with the express consent of his wife right from the beginning. Hence he contends that there was no reason for him to assault his wife as his wife had never spoken against his liaison with second respondent.

3. Learned Sub Judge who passed the decree found that the allegation of cruelty is true and that there was no consent from her side for the immoral sexual connection which the appellant maintained with second respondent. Lower court also found that the matrimonial delinquencies perpetrated by the husband were not condoned by the wife at any time.

4. Learned counsel contended that the admission of the wife that she knew about the illicit relationship and also the birth of three children for the second respondent is enough to establish condonation of husband's conduct by the wife. S.23(1)(b) of the Act confers power to the court to dismiss the petition if the court is satisfied that the petitioner has in any manner been accessory to or connived at or condoned the act or acts complained of when they related to cruelty or adultery. S.23(1) casts an obligation on the court to consider the question of condonation in all cases where relief is sought on the ground of other spouse's cruelty or adultery. Learned counsel invited our attention to the decision of the Supreme Court in Chandra Mohini v. Avinash Prasad (AIR 1967 S.C. 581) in which subsequent cohabitation with the spouse even after knowledge of adultery and long delay in filing the petition were used as circumstances to base a finding that there was condonation of matrimonial offence. Petition in the said case was filed by a husband against his wife alleging that she has had voluntary sexual intercourse with another person after solemnisation of the marriage. The evidence in the said case was that husband knew about his wife's adultery in June, 1958 and he continued to cohabitate with his wife upto October, 1958. His explanation was that his friends advised him not to break off the marital tie despite detection of his wife's infidelity. On those facts, the Supreme Court found that there was clear indication of condonation.

5. Condonation of matrimonial transgression involves conditional forgiveness of such transgression as is known to or believed by the offended spouse, so as to restore the status quo ante as between the spouses. To constitute condonation there must be two things: Forgiveness and restoration. The real import of condonation is conditional waiver of the right of the injured spouse to take out proceedings. The condition is revival of the normal married life. There cannot be condonation if the offending spouse continues to indulge in the matrimonial offence. Forgiveness is meaningless unless there is contrition in the person who seeks or pleads for forgiveness. Condonation rests on some assurance to the offended spouse