36-4-112 - Defense when ground is adultery. - Tennessee Statutes

36-4-112. Defense when ground is adultery.

If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that:

     (1)  The complainant has been guilty of like act or crime;

     (2)  The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act;

     (3)  The complainant, if the husband, allowed the wife's prostitutions and received hire for them; or

     (4)  The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery.

[Code 1858, § 2460 (deriv. Acts 1835-1836, ch. 26, § 9); Shan., § 4213; mod. Code 1932, § 8438; T.C.A. (orig. ed.), § 36-811.]