By Funmilayo Olagunju

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The second definition of condonation according to Black’s Law dictionary is relevant for this article. Condonation is one’s spouse’s express or implied forgiveness of a marital offense by resuming marital life and sexual intimacy.

Condonation is derived from the Latin word ‘condonare’ which means to give away or absolve.

A customary marriage can be loosely dissolved based on the dictate of the applicable custom or at the instance of either parties to the marriage. That ease of dissolution is not applicable to statutory marriage where a party seeking dissolution of marriage (divorce) must prove to the satisfaction of the court that the marriage has irretrievably broken down.

Infidelity is one of the grounds upon which the court may hold that a marriage has broken down irretrievably if the petitioner finds it intolerable. (Section 15(2)(b)of Matrimonial Causes Act).

An act of infidelity that has been condoned can no longer be used as a ground of divorce in court. For example, if a married person (man/woman) was caught in adultery sometimes back by his/her spouse but the fellow pleaded with his/her spouse and was forgiven – the spouse who forgave can no longer withdraw his/her forgiveness and later seek to divorce the spouse who erred on the sole ground of the infidelity that has been condoned. Forgiving infidelity and moving on as if nothing happened in statutory marriage has legal implication.

Section 26 of the Matrimonial Causes Act provides:

“Except where section 16(l) (g) of this Act applies, a decree of dissolution of marriage shall not be made if the petitioner has condoned or connived at the conduct constituting the facts on which the petition is based.”

The defense of condonation is only applicable to the dissolution of marriage and it is not applicable to nullity of marriage. An order for nullity means that the supposed marriage between the parties was null and void. The condonation of a party will not be a defense to a void marriage.

“It’s not good to be without knowledge, and being hasty can lead to error.”

Proverbs 19:2