Dismissal of the Divorce Petition by the Wife

Facts

[A.A.] and [B.A.] were married on 21 February 1992 and have a common son [C.A.] . On 16 November 2006, [A.A.] initiated marital protection proceedings, in which the court determined that the parties have been living separately for an indefinite period since 4 July 2006. On 1 April 2013, [B.A.] filed for divorce. [A.A.] then requested an increase in maintenance payments, while [B.A.] requested the termination of maintenance payments to the wife. The District Court suspended the maintenance obligation for the duration of the divorce proceedings with effect from 1 July 2013. In partial upholding of [A.A.] 's appeal, the High Court suspended the maintenance obligation only as of 1 July 2014. By partial judgment of 5 May 2014, the District Court divorced the parties, which the High Court confirmed on 17 February 2015. [A.A.] (the appellant) appeals against this judgment to the Federal Court.

Considerations

The Federal Court dismisses the appeal, insofar as it is admissible. It concludes that the two-year separation period pursuant to Art. 114 CC has been fulfilled. The decisive factor is that the spouses have lived separately for two uninterrupted years. Even if all the allegations made…