Page:United States Statutes at Large Volume 76A.djvu/776

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–680–

-680is desertion on the part of the husband from the time her reasonable objections are made Known to him. § 121. Habitual drunkenness Habitual drunkenness is that degree of intemperance from the use of intoxicating drinks which: (1) disqualifies the person a great portion of the time from properly attending to business; or (2) would reasonably inflict a course of great mental anguish upon the innocent party. § 122. Extreme cruelty Extreme cruelty is the wrongful infliction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage. Subchapter II—Causes for Denying Divorce § 151. Acts or circumstances prohibiting divorce Divorces shall be denied upon showing: (1) connivance; (2) collusion; (3) condonation; (4) recrimination; or (5) limitation and lapse of time. § 152. Connivance Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. § 153. Corrupt consent Corrupt consent is manifested by passive permission with intent to connive at or actively procure the conunission of the acts complained of. § 154. Collusion 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, acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. § 155. Condonation generally Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce. § 156. Requisites to condonation The following requisites are necessary to condonation: (1) a knowledge on the part of the condoner of the facts constituting the cause of divorce; (2) reconciliation and remission of the offense by the injured party; and (3) restoration of the offending party to all marital rights. § 157. Implication by condotiation Condonation implies a condition subsequent; that the forgiving party must be treated with conjugal kindness. § 158. 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 constitute the offense, cohabitation, or passive endurance, or conjugal kindness, is not evidence of condonation of any of the acts constituting the cause, unless accompanied by an express agreement to condone.