A Canadian woman has appealed and won a legal battle which allows her to divorce her husband for having an affair with another man.

A court had earlier ruled that the woman she could not file for an immediate divorce because her husband’s actions did not legally constitute adultery. But following the legalization of same-sex marriage throughout Canada last month, the woman won her divorce after lawyers argued that the definition of adultery cannot be limited to extra-marital sex between a man and a woman. The ruling was issued Tuesday by the British Columbia Supreme Court.

Earlier this year, the Vancouver resident filed for an immediate divorce from her husband of 17 years after he admitted to having an affair with a younger man. But the judge refused her request, arguing that the legal definition of adultery did not include homosexual relationships.

Canadian law only grants an immediate divorce in relationships where adultery or cruelty have taken place. In cases where the court finds neither has occurred, couples are ordered to remain separate for a year before the courts can grant a divorce.

The divorce was finally granted after the woman’s lawyer argued that “the historic definition of adultery was anachronistic.”

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