Facts
On 25 August 2006, the husband ([Y.] ) initiated divorce proceedings against his wife ([X.] ) in Lugano. Shortly thereafter, on 1 September 2006, the wife filed for divorce at the District Court of Lucerne-City. The District Court of Lucerne-City stayed the divorce proceedings until the divorce case in Lugano was finally resolved.
On 24 August 2007, the wife filed a request for precautionary measures pursuant to Art. 137 CC with the District Court of Lucerne-City, in particular for the securing of future maintenance payments. The instructing judge decided that the stay would continue until the court in Lugano had decided on the jurisdiction in the divorce proceedings.
The wife filed a nullity appeal against this decision with the High Court of the Canton of Lucerne, which was dismissed. The High Court reasoned that the District Court of Lucerne-City was not competent to order precautionary measures pursuant to Art. 137 CC, as the measures were not to be enforced at the place of enforcement in Lucerne.
Considerations
The Federal Supreme Court upheld the decision of the High Court. It stated that while Art. 33 of the Federal Act on Jurisdiction in Civil Matters (CJurA) provides for the alternative jurisdiction of the judge at the place of enforcement to order precautionary measures in divorce proceedings, the securing of future maintenance payments requested by the wife was not to be…