Main reasoning of the court - The civil code does not include the change of a spouse’s religious opinions and his/her subsequent participation in the new religious community’s collective practices among the grounds for a declaration of fault in the procedure of legal separation.
The Court of Cassation has confirmed that, in principle, the religious conversion of a spouse – which is protected by Article 19 of the Constitution recognising the right to religious freedom – cannot be regarded as a ground for a declaration of fault in the procedure of legal separation, insofar as the exercise of this right does not make cohabitation impossible to carry on or does not cause detriment of his or her offspring. On the merits of the case, the judges have overturned the subordinate court’s judgment, which had not given relevance to the circumstance that the spouse, upon adhering to a new religious community, had left the matrimonial home and renounced cohabitation. This behaviour, by breaching his marital and parental duties, may not be covered by Article 19 of the Constitution and may constitute a ground for declaration of fault in the legal separation procedure.

Comment - Religious conversion should never be regarded as a ground for declaration of fault in the separation or divorce procedure, if marriage-related duties are complied with. If they are not complied with, then fault should be declared (although in this case what is relevant is the fact that duties have not been complied with, and not the reason of their noncompliance).