• Newspaper library Condemned to pay 3,000 euros for hiding his homosexuality from his wife while he was married

  • Javier Vilalta "You are not always born with a sexual orientation, you can transform it throughout your life"

The

Provincial Court of Valencia

has reversed a sentence that acceded to the request made by a woman to grant her marriage annulment, alleging that her ex-husband "deliberately" concealed from her before the wedding that he was homosexual.

Likewise, the resolution imposed a compensation of 3,000 euros on the man.

In this way, the Tenth Section of the Hearing has upheld the appeal filed by the man, the Valencian lawyer

Javier Vilalta

, against the decision of the Court of First Instance number 9 of Valencia.

Vilalta himself has announced the news on networks. "The Valencia Court has revoked the STCA of Court number 9, declaring the revocation of the sentence and that there is no nullity or compensation. I feel with a feeling of peace, justice and happiness. A thousand thanks to all your support", has advanced on his Twitter account

Through the sentence that now remains without effect, the judge partially upheld the lawsuit filed by the woman against her ex-husband, from whom she had been divorced for ten years (since 2011), after

two mutual friends assured her that they had known the man's alleged homosexuality

since childhood and that she had been in a relationship with a male in youth. In that ruling it was argued that "it is obvious that for most people the sexual orientation of their partners is not a trivial fact or circumstance, and in any case the opposite must be proven, that is, that it is anodyne or irrelevant."

However, now the Court states in its judgment, consulted by Europa Press, that, although it is true that there is a doctrine where homosexuality appears as an example of essential qualities that justify the nullity of marriage, once marriage between persons of the same sex has been approved, in 2005, "heterosexuality could be recognized among them as a cause of nullity".

Likewise,

the chamber understands that the probative material is "scarce"

, since it has doubts about the testimony given by the main witness, an alleged ex-partner of the appellant. But, in addition, it points out that "the concealment of homosexual practices without more, as the sentence of instance says, should not determine the nullity of the marriage per se." "It has not been proven whether by allegedly having carried out homosexual practices before marriage and having hidden them, this already makes it impossible for the appellant to fulfill the essential purposes sought in it by the appellee," he concludes.

After hearing the ruling, Javier Vilalta has expressed his gratitude to all the people who have supported him in this process, including his lawyer, Javier Molpeceres and entities such as Lambda, Felgtb, Calcsicova or Àmbit, among others.

"A JUDGMENT THAT MAKES JUSTICE"

"I feel, not victorious, but restored in my right and honor. I have the full feeling of having received a sentence that does justice, which makes me feel happy, not euphoric, that returns me to the moment before I received the demand for homosexual (in a process that has ignored bisexuality and denies that sexual identity is evolutionary, punishing some practices over others) ", he asserts in a statement.

"Without a doubt - he continues - this case has generated a good stir, which makes the proverb good with that of 'there is no evil that for good does not come' and has generated a media deployment of denunciation that ended with the position of Les Corts Valencianes , who have urged a modification of the preliminary draft of the LGTBI Law in the Congress of Deputies ".

For Vilalta, "making visible the (scarce) but current judicial persecution of the LGTBI collective, making visible biphobia and the total support of all the media, is to be appreciated and of great relevance for a group that is lately suffering violence and harassment by a minority, taking into account what refugees also suffer due to their sexual orientation or identity ".

It adds that the judgment of the Provincial Court, against which there is an appeal, is "very important for the evolution of the doctrine."

In this sense, it stands out when it indicates "and in this regard it must be said that the marriage annulment is accepted by jurisprudence as an exceptional cause and of restrictive interpretation" and "for which our legal system has the remedies of separation and divorce".

"I only hope and wish that the preliminary draft of the LGTBI Law be modified soon and as requested by the Citizens Cv, Compromís, PPCV, PSPV and Podemos parties, no one is judged or identity or sexual orientation is subject to trial," concludes the specialized jurist in Human Rights.

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