Connivance

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Connivance is the act of conniving or conspiring, especially with the knowledge of and active or passive consent to wrongdoing or a twist in truth, to make something appear as something that it is not. [1]

A legal finding of connivance may be made when an accuser has assisted in the act about which they are complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing.

For example, if someone were to entice their spouse to commit adultery, they might be blocked (or estopped) from divorcing their spouse on grounds of that adultery. See Sargent v. Sargent, Court of Chancery of New Jersey, 1920 (Held a man who had not taken active steps to prevent his wife's adultery was not entitled to divorce because he was a participator and consenter to her adultery).

Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Islam, and Judaism. A single act of sexual intercourse is generally sufficient to constitute adultery, and a more long-term sexual relationship is sometimes referred to as an affair.

Estoppel judicial device in common law legal systems whereby a court may prevent a person from making assertions or from going back on their word

Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity.

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Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery differently than female adultery as grounds for divorce.

Divorcein South African law refers to the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. Divorce is unlike annulment, which declares the marriage null and void. Divorce requires the sanction of a court in a legal process. The legal process of divorce may also involve issues of alimony, child custody, child support, distribution of property and division of debt.

Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer.

Section 497 of the Indian Penal Code was a section dealing with adultery. Not regular. Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India. If someone "lives in adultery", the partner can file for divorce. The law became defunct on 27 September 2018 by Supreme Court of India. The Supreme Court called the law unconstitutional because it "treats a husband as the master."

References

  1. "Connivance definition and meaning | Collins English Dictionary". www.collinsdictionary.com. Retrieved 2019-03-18.