Facts
On June 4, 1974, the plaintiff initiated matrimonial protection proceedings before the Single Judge for Matrimonial Matters of the District of Zurich, pursuant to Art. 169 et seq. of the Swiss Civil Code (ZGB). The defendant raised the objection of lack of local jurisdiction and pointed out that he had filed for divorce in Zug on June 18, 1974.
The Single Judge for Matrimonial Matters of the District of Zurich considered himself competent, but dismissed the plaintiff's request on July 2, 1974, on the grounds that the requirements of Art. 170 para. 1 ZGB for the dissolution of the common household were not met.
The plaintiff appealed this decision to the High Court of the Canton of Zurich, which upheld the appeal on September 26, 1974. Against this decision, the defendant filed a nullity appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the filing of a divorce petition can only limit the jurisdiction of the previously invoked matrimonial protection judge to the extent that the measures requested in the matrimonial protection proceedings are not intended to have retroactive effect.
In the present case, the plaintiff requested the imposition of matrimonial protection measures on June 4, 1974, while the defendant filed for divorce in Zug only on June 18, 1974. Whether and to what extent the plaintiff is entitled to maintenance payments from June 4, 1974, until the filing of the divorce petition, is therefore to be assessed in the matrimonial protection proceedings.
Orders issued by the matrimonial protection judge before the commencement of the divorce proceedings remain in force during the proceedings, unless they are revoked or modified by…