No charge to the husband who goes away with another woman if the wife gossips about him

The husband left home for another woman, if his wife had long been speaking about him with friends and in public. The constant denigration of the man, who was questioned on all levels, proves, in fact, that his extramarital affair had arrived when there was already a marital crisis, which his wife had denied in court. The plaintiff had been 'betrayed' by her confidants, those with whom she complained about thepartner being questioned at 360 degrees: from questioned masculinity to professional skills. To one witness, the woman had confessed that 'her husband no longer liked her and that it bothered her if he was around her'. These were not always eye-to-eye revelations, since the records had shown that the woman did not spare her criticism even in public.

Reinforcing the thesis that the marriage had already broken down was also the fact that the husband had stopped attending normal convivial occasions with his wife and went alone.The Court of Cassation therefore dismissed as inadmissible the woman's appeal against the decision of the Court of Appeal, which, contrary to the Court, had denied the objection. The territorial court - correctly - had ruled out 'punishing' the man for abandonment of the marital home and the contested relationship with a new companion, because 'not only can the family crisis preceding the abandonment of the family home be sufficiently proven,' reads the judgement, 'but also and at the same time it must be said that there is a lack of evidence of violation of family obligations, in this case the extramarital relationship preceding the break-up and therefore the cause of it.