Willan v.

Willan
2 All E.R. 463 (Ct. of App. Eng. and Wales 1960)
Facts:

H wanted a divorce on the ground of cruelty.

He claimed that W was physically and verbally abusive, extremely jealous, and often
demanded sexual intercourse even when he didnt want to have it.

On the night before H left for the last time, the two had intercourse.
Issue:
Whether having intercourse with a spouse constitutes condonation, thus precluding a divorce on the
ground of cruelty.
Holding:
Yes.
Reasoning:

Condonation is when an accuser has previously forgiven or condoned (in some way or at
some level supported) the act about which they are complaining.

Intercourse is conclusive evidence of condonation by the husband of the wife.

Its the best possible way of showing that the wife has been reinstated.

The only exception is fraud.

While H may have been reluctant to submit himself to his wife, it does not mean that he
acted involuntarily.
http://thelawschoolguys.com/law-students/case-briefs-bank/family-law/willan-vwillan/