What is the test for obtaining a divorce from a husband for cruelty against his wife?
Saskatchewan, Canada
The following excerpt is from Pawelko v. Pawelko, 1970 CanLII 615 (SK QB):
In Britt v. Britt [1955] 1 WLR 1272, 99 Sol J 872, [1955] 3 All ER 769, Denning,: L.J. said at p. 770: “ “ * * * I see no justification in law for introducing the qualification that the acts must take place within the ambit of the marital relationship. The court has simply to inquire, within the words of the statute, whether the husband has treated his wife, with cruelty. It does not matter whether it takes place whilst they are living together or whilst they are living apart. If he has treated his wife with cruelty, she is entitled to her decree.”
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