Chavez v. Chavez

Recrimination is not a defense of substantive law. There is no mention of it in our statutes. It arises as a matter of procedure in courts of equity and is based on the “clean hands” maxim

This maxim is not of universal application even m cases entirely distinct from divorce proceedings. In 21 C. J., “Equity,” § 176, the “conduct of adversary” is considered as a limitation on the maxim. It is there said: “The conduct of the other party may be sufficient to prevent the maxim from being applied, as where plaintiff’s misconduct toward defendant was invited by him, or waived. The courts incline to…