Q. A & B are married but due to conflicts, A left the conjugal dwelling and went to live with C, one of his children. Despite B’s pleas, A refused to return to the conjugal dwelling. Can B file an action to compel A to return? (Solved)
1. B can file an action to compel A to return to the conjugal dwelling because it is A’s duty to live with her.
2. B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act.
3. B can sue A for him to return to the conjugal dwelling because the law mandates him to live with her.
4. B can file a petition for habeas corpus citing her children as respondents for them to produce the body of their father in court for the court to order A to return to the conjugal dwelling.
- b. B cannot compel A to return to the conjugal dwelling because to live together as husband and wife is a mere personal and voluntary act.