Facts

The facts are as follows

  • The parties were married on 18 June 1953 and had their marital domicile in Antwerp. The husband is Belgian, the wife is of Swiss nationality (originally from Mellingen in the district of Baden, canton of Aargau). By her marriage, the wife acquired the Belgian nationality of her husband, while retaining her Swiss nationality in accordance with Art. 9 of the Swiss Nationality Act of 1952.
  • On 24 June 1955, the wife went to Switzerland with the child, alleging that she had been threatened by her husband. On 13 July 1955, she requested the mayor of her place of origin in Mellingen to order a conciliation attempt with a view to divorce.
  • On 16 July 1955, the wife filed a divorce petition with the District Court of Baden, invoking Art. 7 let. g para. 1 DMPA.
  • The husband raised a plea of lack of jurisdiction and res judicata, based on a divorce proceeding he had initiated on 30 June 1955 before the competent court in Antwerp.

Considerations

The Federal Tribunal rejects the pleas raised by the husband

  • The Swiss wife domiciled abroad may sue at the forum of her place of origin in Switzerland, even if she holds dual nationality and is domiciled in her other country of origin.…