Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
RECRIMINATION, n. As in Eng., a counter-accusation, specif. in Sc. Law: a counter-charge brought in an action for divorce on grounds of adultery.Sc. 1787 Morison Decisions 339:
The Lords remitted to the Lord Ordinary, to remit to the Commissionaries, with an instruction to allow the defender to repeat a counter process of recrimination in the process of divorce, and to allow a proof before answer.Sc. 1878 P. Fraser Husband & Wife 1196:
In accordance with the Canon law, it was the rule of the Scottish law from early times, and continued to be so to the end of the 17th century, that recrimination, or mutual guilt, was an absolute bar to divorce.Sc. 1896 W. K. Morton Manual Law Scot. 35:
Recrimination, or mutual guilt. — This does not bar divorce, but gives right to the defending party to raise a counter-action of divorce, and decree in both actions will be granted at the same time, which has important patrimonial effects.Sc. 1946 A. D. Gibb Legal Terms 73:
Recrimination. A counter-charge of adultery. In Scotland this forms no defence to the original charge.
