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Supreme Court Action No. Messers W. Elrington, for the Respondent Mr. Pitts, for the Co-Respondent. Petition for Divorce - Adultery by Respondent - Respondent alleging condonation - Whether sexual intercourse with an adulterous wife after the husband was aware of wife's adultery gives rise to a conclusive presumption of condonation - Whether presumption of condonation rebuttable - Whether act of sexual intercourse between Petitioner and Respondent did amount to condonation - Petition Dismissed - Costs - Matter of custody and maintenance adourned for a later stage.
This is a Petition for divorce by the husband against his wife on the grounds of adultery. The Petitioner is a Minister of the Government. He married his wife, the Respondent on the 26th day of October, There are six children of the marriage of which only three are minors. Apart from the issue under dispute this was a happy and successful marriage. There is no evidence or even insinuation to the contrary. One thing is obvious and that is that both the Petitioner and Respondent were and are very good parents to their children.
The Petitioner alleges that the Respondent was unfaithful to him with the Co-Respondent, who at one time was the Permanent Secretary in his Ministry. McKoy had a very good friend and that is the Co-Respondent, Mr. Samuel Ferguson Smith. He used to visit the matrimonial home frequently and was very useful to the family. He was always willing to be of help and also drive Mrs.
In the Petition, apart from the general allegation of adultery, there are three specific allegations of adultery against the Respondent with the Co-Respondent: on the 9th day of March, ; on the 1st day of May, ; and on the 2nd day of May, The Respondent in her answer denies ever having been unfaithful to her husband. She further pleads condonation, in the event of being found guilty of adultery. Her plea of condonation is based on three instances of her husband having had sexual intercourse with her.
