This case has been cited 1 times or more.
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2015-02-18 |
MENDOZA, J. |
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| The alleged failure of Luz to assume her duties as a wife and as a mother, as well as her emotional immaturity, irresponsibility and infidelity,cannot rise to the level of psychological incapacity that justifies the nullification of the parties' marriage. The Court has repeatedly stressed that psychological incapacity contemplates "downright incapacity or inability to take cognizance of and to assume the basic marital obligations," not merely the refusal, neglect or difficulty, much less ill will, on the part of the errant spouse.[11]Indeed, to be declared clinically or medically incurable is one thing; to refuse or be reluctant to perform one's duties is another. Psychological incapacity refers only to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.[12] | |||||