Willan v. Willan

Mr. Willan (plaintiff) petitioned for divorce from Mrs. Willan (defendant) on grounds of cruelty, alleging she frequently used violence and late-night pestering to coerce him into unwanted sexual intercourse until he relented for the sake of getting sleep. Mrs. Willan defended on the ground of condonation, arguing that Mr. Willan's participation in the intercourse itself amounted to forgiving her cruel conduct. The trial court agreed and dismissed his petition, and Mr. Willan appealed.

Whether a husband's act of having sexual intercourse with his wife constitutes conclusive evidence of his condonation of her cruelty, even where the cruelty alleged consisted of coercing that intercourse.