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concubinage or adultery or what to call it?

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1 concubinage or adultery or what to call it? on Wed Feb 16, 2011 11:15 pm

irene1117


Arresto Menor
Good day. I would like to ask what grounds can be charged if a married husband, after eight long years of marriage, successfully have hidden a relationship within the years of their marriage, for three years with another woman whom he has a child and is currently being supported. The wife has just learned about the mistress and the child after 8 months since the child has been born. The married couple doesn't have any child or children of their own, which the husband claims that he only "hired" the mistress to give him a child and the wife doesn't have any plans of getting pregnant in fact, they have visited a fertility doctor and have tried the fertilization method but sad to say the wife got allergic to the fertility medication and stopped. To the dismay of the husband, he looked for a woman who can give him a child of his own.

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attyLLL


moderator
if you can prove repeated marital infidelity, then it can be considered psychological violence under ra 9262. if they lived together, then there also can be a charge of concubinage.


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irene1117


Arresto Menor
thank you for the reply, attyLLL. follow up inquiry po, what if the wife filed for annulment stating the grounds of concubinage, can the husband counter-file with the grounds of not having a child?also,can the wife demand for financial support from his husband even if she has left their house and in-spite of husband's efforts of making her go home and talk about the current situation, she is hesitant to do so.

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attyLLL


moderator
concubinage is not grounds for annulment. yes, the wife can request for financial support. i recommend she sends a letter to the husband so she can show why she left and it wasn't because she wanted to abandon the family home.


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5 birth certificate of illegitimate child on Tue Mar 20, 2012 1:07 am

unitybrand


Arresto Menor
Hello po Attorney,

Ask ko lang po, what if ang legal wife nagfile ng RA 9262 against the husband for psychological violence with the evidence of a birth certificate signed by her husband.

Can she have him imprisoned even if hindi naman nagsasama ang husband niya at ang mistress? the child is under the care of the husband's sister now. wala po kasi ang other woman sa atin, nasa U.S na po at separated na rin po ang husband and wife, hindi lang legally.

Please enlighten me on this. God Bless po, more power and thank you po.

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attyLLL


moderator
in my opinion she has to prove REPEATED marital infidelity, not just one instance, but the prosecutor may have a different take.

she has to get through preliminary investigation first before there is any imprisonment.


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