Infidelity with abandonment: should it be a ground to dissolve a marriage? / Cherry C. Roble.
Material type:
TextPublisher: Cebu City : University of Cebu, 2018Description: viii, 70 leavesContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: at present, it cannot be denied that marital infidelity and abandonment are on the list of issues that have caught the interest of the public. Needless to say, infidelity destroys a family, especially if the offending spouse would subsequently abandon the conjugal home to cohabit with his/her paramour. It is well-recognized that the state has the constitutional duty to protect and promote the sanctity of marriage and strengthen the marriage and family as the basic social institution. However, it has been held that the constitution itself does not establish the parameters of state protection to marriage as social institution and the foundation of the family. With the avowed interest of the state in promoting marriage as the foundation of the family, which serves as the foundation of the nation, there is also a corresponding interest for the state to defend against marriages ill-equipped to promote family life. Accordingly,this study seeks to determine the legal feasibility of making marital infidelity with abandonment as a new ground to dissolve a marriage.
In this study, the researcher utilized the qualitative method for the proper determination and accomplishment of the main objectives. A thematic analysis over the statements obtained from the key informants was also made in order to deduce therefrom commonality of responses regarding the questions raised by the researcher thru an interview guide, such as the question about the cause or reason of the separation.
The researcher found that with the prevalence of cases of marital infidelity and abandonment in the country, the legal separation provided under the Family Code as a remedy is neither sufficient nor effective as a remedy given to the offended spouse. It is concluded that to compel the offended and abandoned spouse to stay in a marriage burdened with infidelity is not in consonance with the state's constitutional duty to strengthen and promote total development of Filipino family; legal separation does not also entitle the offended spouse to remarry, and the possibility that a sexual transmissible disease might have been already acquired by the offending spouse from the extramarital affair, is high. Hence, it is recommended that the family code be amended to include the ground of marital infidelity with abandonment as a new ground to dissolve a marriage.
| Item type | Current location | Call number | Copy number | Status | Date due | Barcode |
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Thesis
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Periodicals | T R57in 2018 (Browse shelf) | c.2 | Not for loan | 3UCBLL00008482 | |
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Thesis
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Reserved (Law) | T R57in 2018 (Browse shelf) | c.1 | Not for loan | 3UCBLL00008129 |
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Thesis (Degree of Juris Doctor) -- University of Cebu- Banilad, 2018.
Includes bibliographical references (leaves 62-65).
Summary: at present, it cannot be denied that marital infidelity and abandonment are on the list of issues that have caught the interest of the public. Needless to say, infidelity destroys a family, especially if the offending spouse would subsequently abandon the conjugal home to cohabit with his/her paramour. It is well-recognized that the state has the constitutional duty to protect and promote the sanctity of marriage and strengthen the marriage and family as the basic social institution. However, it has been held that the constitution itself does not establish the parameters of state protection to marriage as social institution and the foundation of the family. With the avowed interest of the state in promoting marriage as the foundation of the family, which serves as the foundation of the nation, there is also a corresponding interest for the state to defend against marriages ill-equipped to promote family life. Accordingly,this study seeks to determine the legal feasibility of making marital infidelity with abandonment as a new ground to dissolve a marriage.
In this study, the researcher utilized the qualitative method for the proper determination and accomplishment of the main objectives. A thematic analysis over the statements obtained from the key informants was also made in order to deduce therefrom commonality of responses regarding the questions raised by the researcher thru an interview guide, such as the question about the cause or reason of the separation.
The researcher found that with the prevalence of cases of marital infidelity and abandonment in the country, the legal separation provided under the Family Code as a remedy is neither sufficient nor effective as a remedy given to the offended spouse. It is concluded that to compel the offended and abandoned spouse to stay in a marriage burdened with infidelity is not in consonance with the state's constitutional duty to strengthen and promote total development of Filipino family; legal separation does not also entitle the offended spouse to remarry, and the possibility that a sexual transmissible disease might have been already acquired by the offending spouse from the extramarital affair, is high. Hence, it is recommended that the family code be amended to include the ground of marital infidelity with abandonment as a new ground to dissolve a marriage.
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