Sharp v. Sharp

Citations

• 116 Ill. 509
• 6 N.E. 15

Syllabus

<p>1. Divorce—condonation. As between husband and wife, although the latter may, by her conduct, have condoned an offence against the marital relation committed by the former, yet a repetition of the improper conduct will operate to revive the offence supposed to have been condoned. Condonation is forgiveness by the injured party, upon condition the guilty party will not repeat the offence, and is dependent on subsequent good usage and conjugal kindness.</p> <p>2. Same—extreme and repeated cruelty — what so regarded. In this case the wife instituted proceedings for a divorce upon the alleged ground of extreme and repeated cruelty. There was proof of actual personal violence on the part of the husband in only two instances, about seven years intervening. The suit was not commenced until about four years after the second offence of that character. Notwithstanding the lapse of time before the bringing of the suit, and that actual physical injury was inflicted upon, only two occasions, yet these, taken in connection with hard and unkind treatment on the part of the husband, extending over almost their entire married life,—a period of more than twenty years,—were considered as constituting “extreme and repeated cruelty,” such as to justify the granting of a divorce at the instance of the wife, as for statutory cause.</p>