The 47-year-old woman was fined under article 215 of France’s civil code, which states married couples must agree to a “shared communal life”.
A judge has now ruled that this law implies that “sexual relations must form part of a marriage”.
The rare legal decision came after the husband filed for divorce two years ago, blaming the break-up on his wife’s lack of activity in the bedroom.
A judge in Nice, southern France, then granted the divorce and ruled the wife named only as Jean was solely responsible for the split.
But the 51-year-old ex-husband then took her back to court demanding 10,000 euros in compensation for “lack of sex over 21 years of marriage”.
The ex-wife claimed “tiredness and health problems” had prevented her from being more attentive between the sheets.
But a judge in the south of France’s highest court in Aix-en-Provence ruled: “A sexual relationship between husband and wife is the expression of affection they have for each other, and in this case it was absent.
“By getting married, couples agree to sharing their life and this clearly implies they will have sex with each other.”
- This actually happened! Except that it was the ex-wife who sued the ex-husband for lack of sex. Ref: The Telegraph.
- I think it’s a safe bet that if the genders were actually reversed (as in this post above) then feminists would be staging protests that the legal system is coercing women into sex in a form of institutionalized rape. Since it was the man who was being penalized, very few of us actually heard anything about this event.