only is this rule of law almost certainly doomed to repeal in the near future, but in even the present day, while it still nominally exists, it is practically a dead letter in the divorce court, since any trivial act of which the wife chooses to complain is strained by the court into evidence of cruelty in the legal and technical sense. As the matter stands, the practical effect of the rule is a much greater injustice to the husband than to the wife, since the former often finds himself convicted of “cruelty” which is virtually nothing at all, in order that the wife's petition may be granted, and which is often made the excuse by Feminist judges for depriving the husband of the custody of his children. Misconduct on the wife's part, or neglect of husband and children, does not weigh with the court which will not on that ground grant relief to the husband from his obligation for maintenance, etc. On the other hand, neglect of the wife by the husband is made a ground for judicial separation with the usual consequences—alimony, etc. “Thus,” as it has been put, “between the upper and the nether millstone, cruelty on the one hand, neglect on the other, the unhappy husband can be legally ground to pieces, whether he does anything or whether he does nothing.” Personal violence on the part of the husband is severely punished; on the part of wife she will be let off with impunity. Even if she should in an extreme case be imprisoned, the
