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Lawsuit over...sex?!

A couple in Nice, France got divorced, and the woman cited her reasoning as being lack of sex in their 21 years of matrimonial 'bliss.' The husband said he was tired and had health problems, therefore not wanting to engage in sex. The judge in their divorce proceedings obviously didn't think this was a legitimate reason--he fined the now ex-husband 8,500 pounds (over $13, 600!!). The judge claims that marriage binds you to your spouse physically and by abstaining from sex, you are not fully involved in your marriage. Apparently there's a French civil code and in article 215 of that, it states that married couples have to have a "shared communal life." Even the Bible says in Ephesians 5:31-'31 "Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh."' But is it fair to fine a man for abstaining?!

He doesn't want it
The woman is getting her divorce, and it's not like the man just ignored her because he didn't like her (as far as we know). He did say he had health problems, and depending on the what they were, it is entirely possible he didn't have much of a sex drive. There are a lot of questions here though. Did they ever have a sex life? How was it? How long has it been since they had sex? And at what point in a relationship does simply loving someone and enjoying their companionship take over a person's physical needs, if ever?
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