Facts
The case concerns a maintenance claim filed by the mother ([B.] ) against the father ([A.] ). Simultaneously with the maintenance claim, a request for the imposition of interim maintenance measures was filed. The father (the appellant) argued that the claim was inadmissible as no conciliation proceedings had been conducted.
The High Court dismissed the father's appeal. It considered the combination of the maintenance claim and the request for interim measures to be admissible. For the interim measures, no conciliation proceedings were required pursuant to Art. 262(e) CPC, as this was a case of application of Art. 303(1) CPC. Furthermore, the parties had impliedly waived the conduct of a conciliation hearing.
The father appealed the High Court's decision to the Federal Supreme Court. The Federal Supreme Court dismissed the appeal and confirmed the High Court's view.
Considerations
The Federal Supreme Court stated that the combination of the maintenance claim and the request for interim measures was admissible. Even though some legal scholars hold the view that Art. 303(1) CPC requires the maintenance claim to be pending, this does not preclude the request for…