Page:United States Statutes at Large Volume 47 Part 1.djvu/1158

 1134 Post, P. 1135. Pod, p. 1135. Connivance. Corrupt consent. Collusion. Condonation. Post, p. 1135. 72d C ONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933. CROSS R EFER ENCE S Connivance, see section 75. Collusion, see section 77. Condonation, see sections 78 et seq. Recrimination, see sections 85 et seq. Limitation and lapse of time, see sections 87 et seq. SEC. 75. CONN IVANCE, WHAT.-Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. SEC. 76. CORRUPT CONSENT, HOW MANIFESTED.-Corrupt consent is manifested by pa ssi ve permission, with intent to connive at or actively procure the commission of the acts complained of. SEC. 77. COLLUSION, WHAT.-Collusion is an agreement between husband and wife that one of them shall commit, or appear to have committed, or to be represented in court as having committed, ac ts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. SEC. 78. CONDONATION, WHAT .-COndOnation is the conditional for- givenes s of a m atrimoni al offense constituting a cause of divorce. CROSS REFERENCES Rev oking cond onati on, s ee se ction 84. Condonation of a recriminatory defense, see section 86. Eleme nts of. SEC. 79. REQUISITES TO coNDONATION .-The following requirements are necessary to condonation : . 1. A kn owle dge on the part of the condoner of the facts consti- tuting the cause of divorce ; 2. Reconciliation and remission of the offense by the injured party ; Im~licationor. 3 . Restoration of the offending party to all marital rights. , SE C. 8 0 . CONDONATION IMPLIES W H A T .-Condo nation implies a con- dition subsequent ; that the forgiving par ty must be _trea ted with conjugal kindness. Evidence of. SEC. 81 . EVIDENCE OF CONDONATION .-Where the cause of divorce consists of a course of offensive conduct, or arises, in cases of cruelty, from excessive acts of ill-treatment which may aggregately, consti- tute the offe nse, cohabitation, or passive endurance, or conj ugal kindness, shall not be evidence of condonation of any of the acts constituting such cause, unless accompanied by an express agreement to condone. When can be made. SEC. 82. COND ONATION ; CA N ONLY BE MADE WHEN .-In cases men- tioned in section 81, cond onat ion can be made only after the cause of divorce has become complete, as to the acts complained of. Concealmentoffacts. SEC. 83. CONCEALMENT OF FACTS IN CERTAIN CASES MAKES CONDONA- TION VOID.-A fraudulent concealment by the condonee of facts consti- tuting a different cause of divorce from the one condo ned, and How revoked. existing at the time of condonation, avoids such condonation. SEc. 84. CO NDONAT ION, HOW REVOKED.-Condonation is revoked and the original cause of d iv orc e re vi ved 1. When the condonee commit s acts c onstitut ing a like or other cause of divorce ; or, 2. When the con done e is guilty of great conjugal unkindn ess, not amounting to a cause of divorce, but sufficiently habitual and gross to show that the conditions of condonation had not been accepted in good faith, or not fulfilled.