CUADERNO V CUADERNO

12 SCRA 505

FACTS:
 Complaint for support filed by Lourdes Cuaderno, Aug 14, 1957 against her
husband
 Juvenile and Domestic Court rendered judgment ordering later to give the
plaintiff wife support of P 150
On Appeal

 Decision was reversed and set aside; so that appellant and appellee may again
resume cohabitation
 The couple had been living separately since Nov 1956, when the husband
inflicted bodily injuries to his wife during quarrel, took her to her mother’s
house lived there until the institution for claim for support.

RTC: granted the wife’s demand, due to the theory that she was driven out of the
dwelling and was prevented from returning by reason of defendant’s maltreatment

CA decided otherwise

Court cannot compel the parties to live together when the husband is speaking of
impossibility of their cohabitation

ISSUE: WON Lourdes can file for support against her husband

HELD:
 In the instant case, it is undisputable that the infliction of the physical injuries
on the wife by the husband gave rise to their separation
 It is likewise shown that it was the husband who took his wife to her parent’s
home and left her
 Wife allegedly accepted money from her husband and desisted from
accepting later because she was demanding for more
Indicates that even before the filing, husband is already providing something for
separate maintenance

Being the wife has no income of her own, the sum of P150 seems to be reasonable

Separation has been brought about by the husband

The decision of the Juvenile Domestic Court upheld.