connivance


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Connivance

The furtive consent of one person to cooperate with another in the commission of an unlawful act or crime—such as an employer's agreement not to withhold taxes from the salary of an employee who wants to evade federal Income Tax. The false consent that a plaintiff gave to a defendant's past conduct during their marriage which the plaintiff presently alleges as a ground for Divorce.

Connivance has been used as a defense primarily in an action for divorce based upon Adultery. In situations where connivance is used, the facts must establish that the plaintiff either consented or knowingly acquiesced to the adulterous conduct of the spouse or created the opportunity for adultery by persuading someone to seduce the spouse. It is considered a logical extension of the equitable Maxim of clean hands in that it would be unfair to permit a plaintiff to obtain judicial relief for a situation which he or she created. Practically speaking, however, connivance is rarely asserted as a defense. The modern trend in divorce laws is that there is little benefit to continuing a marital relationship between partners so indifferent to each other that they consent to a serious violation of their marital vows.

The defense of connivance cannot be asserted in an action based upon a state's no-fault divorce laws.

connivance

the tacit encouragement of or assent to another's wrongdoing, for example, the petitioner in a divorce suit to the respondent's adultery. See also LENOCINIUM.

CONNIVANCE. An agreement or consent, indirectly given, that something unlawful shall be done by another.
     2. The connivance of the husband to his wife's prostitution deprives him of the right of obtaining a divorce; or of recovering damages from the seducer. 4 T. R. 657. It may be satisfactorily proved by implication.
     3. Connivance differs from condonation, (q.v.) though either may have the same legal consequences. Connivance necessarily involves criminality on the part of the individual who connives, condonation may take place without implying the slightest blame to the party who forgives the injury.
     4. Connivance must be the act of the mind before the offence has been committed; condonation is the result of a determination to forgive an injury which was not known until after it was inflicted. 3 Hagg. Eccl. R. 350.
     5. Connivance differs, also, from collusion (q. Y.); the former is generally collusion. for a particular purpose, while the latter may exist without connivance. 3 Hagg, Eccl. R. 130. Vide Shelf. on Mar. & Div. 449; 3 Hagg. R. 82; 2 Hagg. R. 376; Id. 278; 3 Hagg. R. 58, 107, 119, 131, 312; 3 Pick. R. 299; 2 Caines, 219; Anth. N.P. 196.

References in periodicals archive ?
The accused in connivance with Nadeem Zia and Qaiser Amin Butt defrauded large members of the society.
Accused persons with malafide intention and in connivance with each other recommended illegal award of contract for approval and extended illegal benefit to
The EFCC claimed that Usoro in connivance with the others mentioned conspired among themselves to commit the offence sometime in 2015 'within the jurisdiction of this honourable court'.
The anti-graft watchdog also gave a list of four people appointed by the former chairman, allegedly in connivance with former Ports and shipping minister Babar Ghauri, who had serious offences registered against them.
The accused has been facing charges of involvement in the commission of offences of corruption and corrupt practices in alleged connivance with co-accused Nadeem Zia and others in Paragon City (Pvt) Limited.
However, the accused persons in connivance and in collaboration with each other delayed the process of acquisition and possession of the land and thus provided an opportunity to the land owners, who entered sham mutations in the revenue record in order to inflate and enhance the rate of the land exorbitantly (i.e.
One of the directors concerned was convicted for his consent, connivance or neglect in the above offence.
The inquiry conducted states that Shehbaz Sharif as the chief minister of Punjab had unlawfully assumed powers of Board of Directors of Punjab Land and Development Company (PLDC), misused his authority and acted in connivance with Fawad Hassan Fawad who at the time was Secretary Implementation to CM Punjab and others.
A tough job awaits former Philippine National Police (PNP) Director General Ronald "Bato" Dela Rosa as incoming Bureau of Corrections (BuCor) chief, as he needs to cut the connivance between jail officials and imprisoned high-profile drug lords.
'Hindi yata, maaring 'yung pangalan pero 'yung connivance [male sex organ] niya nandun pa.
As per detail, Ayaz Ali Khan had been found involved in commission of offences, corruption and corrupt practices as he being member of 5th DPC meeting in connivance with other members and beneficiaries knowingly and dishonestly had given undue and illegal price increase to certain drugs in violation of Drug Act and rules/regulations, without asking for relevant current import invoices of the raw material/finished drugs and costing data on prescribed Performa.
The video shows how, unfortunately, the smuggling has been done with the aid of those who are expected to guard the border." Director General of Border Guard Bangladesh, Major General Aziz Ahmed denied all theories of connivance.