"She did not perceive the mistreatment". And for judges, the separation is not the husband's fault
A Milan civil court ruled that a husband's abusive behavior was not grounds for separation as it was deemed not perceived as mistreatment by the wife.
In a recent ruling from the Milan civil court, judges examined the complex nature of perceived mistreatment within familial relationships. The case involved a woman in her fifties, seeking to separate from her husband, however, the judges dismissed her claims, stating that the husband was not responsible for the marital breakdown as the mistreatment was not acknowledged by the affected party. This ruling raises questions regarding the objective versus subjective nature of abusive behavior, particularly in the family context.
The court referenced testimonies from the couple's adult daughter, who recounted instances of violence and inappropriate behavior from her father toward both her and her younger brother. Despite these testimonies, the legal evaluation did not conclude sufficient grounds for attributing blame to the husband, indicating a judiciary tendency to downplay the subjective experiences of victims in determining responsibility for family disputes. This decision, while affirming legal frameworks, risks neglecting the emotional realities of those who experience domestic violence.
This judgment has broader implications for how domestic abuse is defined in legal terms, potentially influencing future cases where victims might not directly identify their experiences as mistreatment. The ruling highlights the challenges faced by victims in seeking justice within a legal system that may not fully recognize or validate their perceptions of abuse, creating a gap between personal experiences and judicial outcomes.