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Husband brazenly unfaithful to wife...

Husband brazenly unfaithful to wife
"I want to ask for help because until now I don’t know what to do. I have been experiencing marital problems. I recently learned that my husband has another woman and they have children, too. He kept this for a long time before I finally discovered his infidelity. This gave me so much pain. They started their affair three years after our marriage was celebrated. Until now they are making fun of me because my husband never stops going and sleeping there and the mistress is so arrogant. I don’t know what to do because I have no work and I’m worried about our children. Please help. What legal action can I take against them? Grace JoyDear Grace Joy, Truly, one of the most painful things a wife can learn about her husband is the fact that he is cheating on her. Though the same is not something new that could possibly happen in a relationship, just the same, having to undergo this kind of experience is excruciating. Infidelity strikes the very foundation of the marital union between husband and wife and the shaken foundation could sometime lead to marriage breakdown or the separation of the parties to it. It is the common cause of the separation of married couples and broken families.Nevertheless, you are not without any remedy. For the sake of your children and your love and affection for your husband, you may try to save your marriage. You may ask you husband to refrain from his perverted ways and try to rebuild what was ruined as a result of his misdeeds. If the same will prove to be an exercise in futility, then there are legal actions, civil or criminal, that you may take to address your problem. You may file a criminal case against your husband for violation of Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. According to this law, a person who is found guilty of violating any of the following shall be meted with the penalty of imprisonment:“Sec. 5 Acts ot Violence Against Women and Their Children. — The crime of violence against women and their children is committed through any of the following acts: xxx(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or denial of access to the woman’s child/children.” (Emphasis ours)In the event that your husband started to cohabit with his paramour, he may be held liable for concubinage. Under Article 334 of the Revised Penal Code of the Philippines, concu-binage is defined and punished as follows:“Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.” On the other hand, under Article 55 of the Family Code of the Philippines, sexual infidelity is a ground for legal separation. Thus, you may likewise file a civil action for legal separation against your husband. The same may be considered as an indication of your husband’s psychological incapacity to fulfill his marital obligations as provided by the Family Code of the Philippines. Psychological incapacity is a ground for declaration of nullity of marriage under Article 36 of the said code.In any case, your children are entitled to support from their father. This obligation is mandated by law and the persons who are required to provide support can be compelled through a judicial process to give the same. Thus, you need not worry about this as your children are protected by the law.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net."
 

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"Husband brazenly unfaithful to wife" was written by Mary under the Legal Advice category. It has been read 195 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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