Questão jurídica principal
Whether the wife could obtain divorce under Art. 115 CC before the four-year separation period expired
Decisão extraída
No. The mere absence of marital cohabitation or consummation does not by itself constitute a serious ground; Art. 115 CC applies restrictively and the wife did not show objectively comprehensible unbearable continuation of the legal marriage.
Fundamentação extraída
Art. 115 CC is subsidiary to Art. 114 CC and requires serious grounds not attributable to the claimant. Here, the lack of concrete conjugal life was largely the result of the spouses' own choice, and the asserted reasons were either unfounded or not shown to make the continuation of the legal bond psychologically unbearable.