First instance Court of Bari just decided
(Sentence No. 2525/2020) in relation to a
charge request forwarded by a man against his spouse, which announced on
Facebook her new relationship with a new man. The former husband is affected by
multiple sclerosis while the young wife started to share posts and contents
about her new partner. On top of that, the girl also shared that she and the
new partner were about to live together in a new flat. All these details have
been interpreted by the Court and it was assessed that the relationships was
lasting over time.
In relation to what may be cause for
separation, the judges made clear that it is enough spouse’s awareness of the
infringement of marital duties and responsibilities. In this case, the public
sharing on social media such Facebook of the new relationship is able to break
and compromise the marital relation.
Given the situation, such a public statement
consisting in revealing a new relationship with another man makes the
cohabitation between husband and wife impossible. In fact, the husband cannot tolerate
such public declaration. The wife, in this case, violated loyalty duty during
the marriage while also damaging her former husband’s reputation.
In this case, on top of the separation, the husband
may look the way to receive compensation in relation to a non-material damage.