Del Rosario VS Del Rosario G.R. No.

134433
AUSTRIA-MARTINEZ, J.:

Facts:
Plaintiff Genoveva del Rosario, a widow with 2 kids and
defendant Teoderico del Rosario, a mechanic, widower with a
son got married. They lived together in the house of the
defendant's mother, Because of petty quarrels, plaintiff left
the conjugalhome in 1942.
Issue:
Whether plaintiff is justified in leaving and is entitled to
support
Held :
Yes. As the marriage vow does not include making sacrifices
for the in-laws, there is
legal justification for wife's refusal to live with husband,takin
g into account the "traditional hatred between wife and her
mother-in-law". It is true that wife is obliged to follow her
husband wherever he wishes to establish the residence (Art.
58 CC), but this right does not inlcude compelling the wife to
live with the mother-in-law, if they cannot get along
together. Alimony/support will be set according to the
husband's ability to pay.