Section 171. When divorce denied, although adultery proved  


Latest version.
  • In either of the
      following  cases,  the  plaintiff is not entitled to a divorce, although
      the adultery is established:
        1. Where the offense was committed by  the  procurement  or  with  the
      connivance of the plaintiff.
        2.  Where the offense charged has been forgiven by the plaintiff.  The
      forgiveness may be proven, either affirmatively,  or  by  the  voluntary
      cohabitation of the parties with the knowledge of the fact.
        3.  Where  there  has  been  no  express forgiveness, and no voluntary
      cohabitation of the parties, but the action  was  not  commenced  within
      five years after the discovery by the plaintiff of the offense charged.
        4.  Where  the  plaintiff  has also been guilty of adultery under such
      circumstances that the defendant would have been entitled, if  innocent,
      to a divorce.