PYSCHOLOGICAL INCAPACITY AS A GROUND FOR NULLITY OF MARRIAGE

Article 68. The husband and wife are obliged to live together, observe mutual love,
respect and fidelity, and render mutual help and support.

Living together
> The general rule----not to support the spouse who abandons or
leaves the conjugal dwelling. Exception--- when continued cohabitation has
become impossible and separation necessary.
> The above rule was based on a Michigan Supreme Court case
Davidson vs. Davidson wherein the Court ruled through Judge Thomas
Cooley, that "an action for the support of the wife separated from the
husband will only be sustained when the reasons for it are IMPERATIVE. that
IMPERATIVE NECESSITY is the only ground on which such a proceeding can be
maintained."
> Imperative necessity dwells in the following instances:
a. Where the husband asked the wife to perform unchaste and
lascivious acts on his genital organs, apart from legal valid cohabitation, and
she refused to do so.
b. Where the husband practically drove out the wife of the
conjugal home and threatened her with violence if she would return.
c. Where the husband had repeated illicit relations with
women outside of the marital establishment even though he did not
bring a concubine to their marital domicile.
d. Where the husband is carrying on a shameful business at
home.
e. Where the husband has no fixed residence and lives a
vagabond life as a tramp.
f. where the wife committed adultery.

To observe mutual love, respect, and fidelity

> as defined, "respect" means an esteem or deferential regard felt or
shown.
> Fidelity, as explained by Leyes de Siete Partidas, "the loyalty which
each should observe toward the other, the wife having nothing to do with
another man, nor the husband with another woman." To be faithful not only in
act but also in THOUGHT.

To render mutual help and support

> Help and support involve not only the financial and material help and
support of one spouse to the other but also include moral, emotional and
spiritual.