Facts
X., of Turkish nationality, and A., of Swiss nationality, were married on June 16, 2005 in Geneva. Their marriage was contracted for the purpose, for X., of obtaining a residence permit, and for A., of responding to the request of his brother B. who wished to retain X. as an employee. The spouses have never lived together and have never formed a marital community. Neither of them has contributed to the maintenance of the other.
By a request for protective measures of the marital union, X. requested that A. be ordered to pay him a maintenance contribution of 3,000 francs per month as well as a sum of 2,500 francs as a provisio ad litem. The Court of First Instance granted a maintenance contribution of 1,700 francs per month and the sum of 2,500 francs as a provisio ad litem. A. appealed against this judgment, which was annulled by the Court of Justice.
X. filed a civil appeal against this judgment, concluding that A. be ordered to pay him the sum of 2,500 francs as a provisio ad litem and the sum of 1,700 francs as of June 1, 2010 as a maintenance contribution.
Considerations
The Federal Tribunal dismisses X.'s appeal by substituting grounds. It considers that, in the present case, Art. 163 CC, which is the basis of the reciprocal maintenance obligation of the spouses in protective measures of the marital union, does not apply.
Indeed, the spouses have never lived…