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Woman ready to tolerate husband's affair to save marriage

The husband had obtained divorce from family court, alleging that the wife and her parents were treating him with cruelty. But the Bombay high court, in the order last week, cancelled the divorce.

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'The other woman' in husband's life normally becomes a ground for seeking divorce, but a woman told the Bombay high court recently that she was ready to tolerate husband's affair to save her marriage.

The husband had obtained divorce from family court, alleging that the wife and her parents were treating him with cruelty. But the Bombay high court, in the order last week, cancelled the divorce.

Deepa and Sandip (names changed) got married in 2002. Sandeep filed suit for divorce in the family court last year. He argued that Deepa's parents wanted him to become a Ghar-jamai, and live with them. He also argued that Deepa was too suspicious.

Deepa, on the other hand, argued that he was having an affair with another woman, and that was why he wanted divorce.

The family court upheld Sandeep's case in May this year, saying that suspecting the husband's character in this way amounted to cruelty, and granted him divorce. Deepa filed appeal in the Bombay high court, seeking to quash the divorce.

Her lawyer told the court that in order to save the marital relationship, and for the sake of minor daughter, "she was ready to tolerate husband's relationship" with the other woman. The high court, while reversing the divorce order, accepted that Deepa had enough evidence to prove husband's extra-marital affair.

In the given circumstances, it was natural for the wife to make inquiries about husband and to become suspicious the high court held; adding that this did not amount to cruelty.

Before Family court granted divorce, Deepa had also filed a complaint of assault against her in-laws under Domestic Violence Act. Sandeep had argued that this complaint was false, and this too amounted to cruelty on her part.

But High Court said that filing a criminal case -- which was prima facie genuine -- would not amount to cruelty. The division bench led by Justice PB Majmudar restored the marriage.

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