Willan v Willan

1960, Court of Appeal of Great Britain

Petitioner: Mr. Willan
Respondents: Mrs. Willan

DOCTRINE
Condonation (Implied condonation through acts of the offended
spouse)
Forgiveness of the marital offense as a defense in legal separation since
resuming conjugal life together is contrary to the reason behind legal
separation.


FACTS
1. Parties were married on June 1925 and had 2 children.
2. Throughout the marriage, respondent frequently and persistently
assaulted him; and was immensely jealous of his relations with other
women
3. Respondent frequently demanded intercourse with him at times when
he did not wish to have it
4. They had intercourse one last time for the sake of peace as a result of
the respondent pestering him far into the night

Supreme Court: ISSUES of the CASE

ISSUE:WON petitioner intercourse was a result of condonation, (YES)
RATIO
1. Intercourse with the wife will amount to condonation of the wifes
cruelty even though the husband was driven to it by his wifes violence
2. Though he did not wish it but eventually for the sake of peace he had
intercourse with her
3. Petitioner was free to have run away
4. He showed unwillingness but did not act involuntarily

RULING: Instant petition DENIED.