Civil Law, 2011 Bar — Question 59

MULTIPLE CHOICE

The wife filed a case of legal separation against her husband on the ground of sexual infidelity without previously exerting earnest efforts to come to a compromise with him. The judge dismissed the case for having been filed without complying with a condition precedent. Is the dismissal proper? A) No, efforts at a compromise will only deepen the wife's anguish. B) No, since legal separation like validity of marriage is not subject to compromise agreement for purposes of filing. C) Yes, to avoid a family feud that is hurtful to everyone. D) Yes, since the dispute could have been settled with the parties agreeing to legal separation.

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