CASE DIGEST ON Goitia v. Campos Rueda

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CASE DIGEST ON Goitia v. Campos Rueda [35 P 252] -- F: This is an action for support by G (wife) against R (husband). After 1 mo. of marriage, R repeatedly demanded from G to perform "unchaste and lascivious acts on R's genitals." Bec. of G's refusal, R maltreated G by word and deed, inflicting bodily injuries on G. To escape R's lewd designs and avoid further harm, G left the conjugal home and took refuge in her parent's house. G filed an action for support w/ the trial court. this was dismissed on the ground that R could not be compelled to give support if G lived outside of the conjugal home, unless there was legal sep. G appealed.

HELD: Marriage is something more than a mere contract. It is a new relation, the rights, duties, and obligations of w/c rest not upon the agreement of the parties but upon the general law w/c defines and prescribes those rights, duties, and obligations. Marriage is an institution, in the maintenance of w/c in its purity the public is deeply interested. It is a relation for life and the parties cannot terminate it at any shorter period by virtue of any contract they may make. The reciprocal rights arising from this relation, so long as it continues, are such as the law determines from time to time and none other. When the legal existence of the parties is merged into one by marriage, the new relation is regulated and controlled by the state or govt upon principles of public policy for the benefit of society as well as the parties. And when the object of a marriage is defeated by rendering its continuance intolerable to one of the parties and productive of no possible good to the community, relief in some way should be obtainable.
The law provides that the H, who is obliged to support the wife, may fulfill this obligation either by paying her a fixed pension or by maintaining her in his own home at his option. However, the option given by law is not absolute. The law will not permit the H to evade or terminate his obligation to support his wife if the wife is driven away from the conjugal home bec. of the H's own wrongful acts. In this case, where the wife was forced to leave the conjugal abode bec. of the lewd designs and physical assaults of the H, the W may claim support from the H for separate maintenance even outside of the conjugal home.

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