Action Nikki Affair Legal Sexual Decided Years Separation

IV.

a) After they got married, Nikki discovered that Christian was having an affair with another woman. But Nikki decided to give it a try and lived with him for two (2) years. After two (2) years, Nikki filed an action for legal separation on the ground of Christian's sexual infidelity. Will the action prosper? Explain. (5%)

SUGGESTED ANSWER:

Although the action for legal separation has not yet prescribed, the prescriptive period being five years, if Christian's affair with another woman was ended when Nikki decided to live with him again, Nikki's action will not prosper on account of condonation.  However, if such affair is still continuing, Nikki's action would prosper because the action will surely be within five years form the commission of the latest act of sexual infidelity.  Every act of sexual liaison is a ground for legal separation.