Rosario v. Galarza Vegas

The question raised in the present appeal is whether the real separation of both spouses for more than three years, as cause for divorce, was interrupted by a single sexual act or union performed by the spouses with each other. A similar *163situation, although, not identical, remained unsolved in Cabrer v. Pietri, 67 P.R.R. 409 (1947).1

Plaintiff Clementina Rosario and defendant Angel Galar-za Vegas were married in Ponce, Puerto Rico, on June 6, 1937. Two children were horn of the marriage, both already of legal age. Since the end of the year 1953 the spouses separated voluntarily, said…