Can a wife legally compel her husband to live with her in consortium?

Facts: Erlinda Ilusorio filed a petition for habeas corpus before the Court of Appeals to have the custody of her husband, Potenciano Ilusorio. The CA dismissed the petition for lack of unlawful restraint or detention. Erlinda appealed contending that Article XII of the 1987 Constitution and Articles 68 and 69 of the Family Code support her position that as spouses, they are duty bound to live together and care for each other.

Ruling: "Marital rights including coverture and living in conjugal dwelling may not be enforced by the extra-ordinary writ of habeas corpus. No court is empowered as a judicial authority to compel a husband to live with his wife. That is a matter beyond judicial authority and is best left to the man and woman’s free choice. The law provides that the husband and the wife are obliged to live together, observe mutual love, respect and fidelity. The sanction therefor is the "spontaneous, mutual affection between husband and wife and not any legal mandate or court order" to enforce consortium. ” (Ilusorio vs. Ilusorio-Bildner, G.R. Nos. 139789 &139808, July 19, 2001).