White wedding? No blame if you have a lover!
A turning point if not epochal, at least significant, in the difficult issue of separations with charge. The Supreme Court has in fact intervened by deciding that if there are no longer sexual relations between husband and wife, whoever decides to go away with a lover does not commit any violation of marital duties.
The Supreme Court therefore rejected the appeal filed by a woman from Pescara who asked for the divorce to be charged to her husband guilty of leaving home to live with another woman. The sex strike in the couple therefore justifies the partner who leaves the marital roof to go and live with one or another.
In particular, the Supreme Court has resolved as follows:
See also
"The abandonment of the family home - explain the supreme judges with the sentence 2539 of the sixth civil section - which in itself constitutes a violation of a marriage obligation and, consequently, a cause for the separation, as it leads to the impossibility of cohabitation. this violation is concrete if it is proved (and the burden falls on the person who carried out the abandonment) that it was determined by the behavior of the other spouse, or when the aforementioned abandonment occurred when the intolerability of the continuation of coexistence has already occurred, and as a consequence of this fact ".
