A cheating husband who does not have sex with his wife is not to blame for the failure of their marriage, an Italian court ruled.
Rome judges of the Cassation Court, the country’s highest, ruled that husband Filiberto’s ‘continued’ philandering and ‘total lack of interest’ in having sex in his wife didn’t cause the breakup of their over 30-year union. Wife Monica (full names are not supplied in sentences to protect privacy) is entitled to a 250 e. monthly alimony check because of the no-fault ruling.
As author James M. Henslin pointed out in “Marriage and Family in a Changing Society,” until recent reforms in Catholic countries the only way to get a divorce was to prove adultery, because it meant ‘breaking a central property right, sexual access.’
The sentence delivers a jolt to the traditional stance of Italian wives who close an eye or two on their partner’s dallying to save the marriage. Because his wife accepted to live in a sexless marriage and knew of her husband’s affairs, the relationship was bound to deteriorate and fall apart, reasoned judges.
Another recent Cassation sentence also underlined that all is not fair in love and war, at least not in Italian marriages. The court sentenced a snooping husband and his accomplice friends to jail for tapping his wife’s phone, hoping to catch her cheating. Though he said he was trying to ‘preserve the unity of the family’ by keeping tabs on his partner, the judges ruled that the nosy trio had violated the woman’s privacy. The three men were sentenced to eight months in prison. ?1999-2003 zoomata.com
It should be a no fault divorce by the fact that his wife accepted to live in a sexless marriage and tolerate her husband for having an affair.