The Delhi High Court (DHC), in an appeal filed against the decree granting divorce on grounds of cruelty and desertion, has held that once a spouse condones an extra-marital affair of the other then it cannot later be called an act of cruelty in divorce proceedings. In the present case, the wife had levelled that her husband had an extra-marital affair with another woman during their marriage. However, the DHC, noting “That the brief intimate relationship did create some turbulence in the lives of the respondent and the appellant, but they both were able to sail over it…”, held that the Family Court has rightly disregarded the wife’s plea of cruelty against the husband while granting divorce.
