A man has been ordered to pay his ex-wife thousands of pounds in damages for failing to have enough sex with her during their 21-years of marriage.

The 51-year-old has been fined 8,500 pounds under article 215 of France's civil code, which states married couples must agree to a 'shared communal life', Daily Express reported.

The judge ruled that this law implies 'sexual relations must form part of a marriage'.

The rare legal decision came after the wife filed for divorce two years ago, blaming the break-up on her ex's lack of activity in the bedroom.

A judge had granted the divorce and ruled the husband, named only as Jean-Louis B, was solely responsible for the split. But his 47-year-old former wife then took him back to court demanding the cash in compensation for 'lack of sex over 21 years of marriage'.

But a judge in the south of France's highest court in Aix-en-Provence ruled: 'A sexual relationship between husband and wife is the expression of affection they have for each other, and in this case it was absent. By getting married, couples agree to sharing their life and this clearly implies they will have sex with each other.'