CHAPTER III

RELATIONSHIP OF HUSBAND AND WIFE

Section 1461.- The husband and the wife shall cohabit as husband and wife.

The husband and the wife shall support and maintain each other in accordance with their capacity and individual status.

Section 1462.- If the continuance of cohabitation will greatly damage the physical or mental health or the happiness of either of the husband and the wife, the damaged party may file an application with the Court to issue the order of living apart while the danger persists, and in such case, the Court may prescribe the amount of the maintenance being furnished by one of the souses to the other, as may be proper in accordance with the circumstances.

Section 1463.- In case of the Court sentences one of the spouses as incompetent or quasi-incompetent, either husband or wife becomes the guardian or the curator by operation of law. On the application of any interested person, or the Public Prosecutor, the Court may, on substantial grounds, appoint another person as guardian or curator.

Section 1464.- In case of either one of the spouses becomes insane, irrespective of whether the husband or the wife has been adjudged as incompetent or not, and if either one of the spouses does not give proper maintenance to the insane spouse in accordance with the second paragraph of Section 1461, or performs or does not perform any thing to the extent that the insane spouse falls into physical or mental danger or falls into position causing undue loss to the insane spouse’s property, the person specified in Section 28 or the guardian may enforce an action against the other spouse claiming maintenance for the insane spouse, or apply for any order of the Court to protect the insane spouse.

In case of the claim for maintenance in accordance with the first paragraph, if there is not the order of the Court that the insane spouse has become incapacitated person, the application shall be done to the Court in the same case in order to the Court having the order that the insane spouse as incapacitated person and appointing the applicant himself as the guardian. If there is the Court’s order showing that the insane spouse is incapacitated person, the application of revoking the old guardian and then appointing the new guardian may be made.

In applying the Court to have any order to protect the insane spouse without claiming the maintenance, the applicant shall not request the Court to order the insane spouse as incapacitated person or to alter the guardian. If the Court thinks that the measures for protection being requested requires the appointment or alteration of the guardian, the Court shall give the order to carry out the similar activities as provided in the second paragraph, and then the Court shall have the order giving the protection as it is deemed suitable.