Q.

A & B are married. During the marriage B filed an action for legal separation alleging that A shot her and seriously wounded her resulting in her permanent disability. Will the action prosper?

A. The action will not prosper because B did not file a criminal case for frustrated parricide.
B. The action will not prosper because there is a need for conviction of A for the crime committed.
C. The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence.
D. The action will not prosper because the act was a frustrated act of parricide, not attempted parricide.
Answer» C. The action will prosper because the ground of attempt by one against the life of the other spouse needs only proof by preponderance of evidence.
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