| Citation(s) |
|---|
| 1952 SLG 86 1952 SLD 86 1952 PLD 138 |
Lahore High Court
Matrimonial Appeal No. 4 of 1947, decided on 20th July, 1951
A. R. CORNELIUS, A. C.J. AND MUHAMMAD KHURSHID ZAMAN, J
N. Edmunds and M. Anwar, for Appellant. G. H. Lodhi, for
Respondent arid Co-respondent
Matrimonial Appeal No. 4 of 1947, decided on 20th July, 1951
A. R. CORNELIUS, A. C.J. AND MUHAMMAD KHURSHID ZAMAN, J
N. Edmunds and M. Anwar, for Appellant. G. H. Lodhi, for
Respondent arid Co-respondent
Major HUGH JOHN B-UR-NS JONES
VS
MRS. CHRISTINE MARY MARGARET B-UR-NS JONES AND COLONEL PATRICK E. BROWN Co
Law: Matrimonial Causes Act, 1937
Section: 178(1)
(a) Matrimonial Causes Act, 1937 (English)----- -----S. 178 (1) Connivance-Existence of-Presumption against. Where the Court is not satisfied of the absence of connivance or condonation it has no discretion in the matter, but is bound to dismiss the petition. But in this way, the impression may perhaps be gained that the burden of establishing absence of connivance rests on the petitioner, but this is not equivalent to saying that by section 178, aforesaid, a presumption of guilt of connivance has been created, displacing the earlier presumption which has always been against the existence of connivance. The incidence of the burden of proof is a determining factor only if the tribunal finds that the evidence, pro and con, is so evenly balanced that .it can come to no definite conclusion. 1945 (2) All England Law Reports Annotated p. 190 rel. (b) Matrimonial Causes Act, 1937 (English)----- ----S. 178 (I)Adultery-Connivance-Standard of proof-Same as of criminal offence. Connivance is a matrimonial offence, and the same standard of proof must be furnished in order to establish connivance as is ' ordinarily required for proving the commission of a criminal offence. Ordinarily, the facts which are adduced to establish connivance are numerous and distinct from each other, and while they may, in themselves, appear trifling, it is the effect of these facts taken together; and viewed in the light of the circumstances of the case, on which the person pleading connivance relies for establishing his case. Therefore, by its very nature a plea of connivance is circumstantial in its character, and to such a plea the ordinary rule of circumstantial evidence must apply, namely, that if the facts and circumstances are susceptible of an explanation, which does not necessarily involve a corrupt motive or guilty intention on the part of the person against whom the plea is raised, then the plea cannot be held to have been established. (c) Matrimonial Causes Act, 1937 (English)------ ----S. 178 (1)Connivance-For the Babe of furthering one's official career -Corrupt motive-Necessary to consider whether such motive the only hypothesis which will explain petitioner's behaviour. The…
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