connivance


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Related to connivance: champertous

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

noun act of maneuvering, act of schemmng, alliance, association, chicanery, coagency, coincidence, collaboration, collusion, combined operation, complicity, complot, concert, concord, concurrence, concurrent opinnon, confederacy, conjunction, conspiracy, contrivance, cooperation, corrupt agreement, corrupt collusion, corrupt consent, corrupt consenting, corrupt cooperation, implied assent, indulgentia, intrigue, joint effort, joint planning, junction, league, liaison, machination, manipulation, plot, scheme, secret approval, underhand particiiation, underhanded complicity, underplot, voluntary overright, working together
Associated concepts: connivance as a defense to a divorce
See also: artifice, bad faith, bribery, cabal, collusion, confederacy, conspiracy, contrivance

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 bureau said in its reference filed in the accountability court that the investigation was conducted regarding corruption and corrupt practices in the advertisement awareness campaigns on TV and FM channels between July 2013 and June 2015 and it was found that the accused acted in connivance with each other resulting in loss to the national exchequer.
But, owners of some restaurants and grocery shops got them in bulk in connivance with black sheep in the department concerned.
In some cases, he in connivance with other members even gave illegal price increase on incomplete/incorrect costing data/inflated import invoices of raw material and finished drugs as the data submitted by the Pharmaceutical companies/firms was not even verified/checked while granting price increase.
If you tell me there is connivance between smugglers from India and Bangladesh, I will agree.
This illegal trade is continuing roundtheclock apparently with the alleged connivance of some corrupt officials of Forest Department in the jungles of Dhamial Adyala Chontra Murree Darnoyan Kotli Sattian Biaga Lehtrar Karal Burj Kahuta Kalar Syedan and in several areas of Fateh Jang Attock Chakwal and Jhelum.
In a statement, Alwani pointed out that kidnapping and killing operations against Sunni sect are done in connivance with the silence of police forces.
Medina said events happened "with the connivance of some penitentiary authorities" and noted that several officials including the jail director, his deputy, the head of security and 18 guards were removed from their jobs and are to be investigated.
Lahore, Mar 14(ANI): The insurgents in Balochistan are Indians operating in connivance with US security firm Blackwater, former Inter Services Intelligence (ISI) Punjab chief Brigadier (retired) Mohammad Aslam Ghuman has alleged.
Talking to Daily Times, Bukhari said transfer of land by the land mafia in connivance with patwaries would be controlled.
Bodyguards of Younus Qanoni, speaker of the Lower House of Parliament, in connivance with police, have reportedly beaten up some people who were on way to attend fateha in Khairkhana-I locality of Kabul Monday afternoon.
Our own leaders have led us into this situation with the connivance of the media.