Key facts of the case - Mr. T. and Mrs. B. married in September 1990. Mrs. B. applied for divorce in December 1991. The civil court of Versailles dismissed her claim and she lodged an appeal with the court of appeal of Versailles.
Mrs. B. complains that her husband left the marital home and that by doing so, he did not abide by the obligation entrenched in article 215 of the civil code (commitment to a community of living). Mr. T. does not question his not living with his wife after the civil marriage. He justifies this behaviour by the fact that the religious marriage should take place in March 1991 and that pursuant North-African Muslim customs, he was not allowed to live with her.

Main reasoning of the court - The court holds that it is not clearly proved whether the spouses actually shared the marital home. However, under French law, only civil marriage creates rights and duties and particularly the duty of article 215 of the civil code. Religious marriage is not a condition of validity of civil marriage: it results that Mr. T. cannot invoke a North-African Muslim custom.
The court then seeks to find out whether the way of life of the spouses could be qualified of community of life under article 215 of the civil code. Here, it results that community of life does not necessarily mean common residence. Nevertheless, the community of life implies a contribution of the husband such as letters, phone calls… yet, Mr. T. does not prove that he made this kind of community of life possible. Mr. T. did not abide by article 215 of the civil code, and this amounts to a grave violation of his duties in marriage.
The first ruling is accordingly overturned.