Refusal to recognize a unilateral repudiation of the wife by the husband, deemed contrary to Swiss public policy

Facts

[C.], a Swiss national, and Mrs. E., a Lebanese Muslim national, were married on January 29, 1993 in Beirut (Lebanon). By a memorandum dated October 13, 1998, the wife filed for divorce before the Civil Court of the District of Delémont. In his response, the defendant primarily concluded for the dismissal of the claim, asserting the preliminary objection of res judicata, subsidiarily of lis pendens, and in any case, the lack of jurisdiction of the court seized. To this end, he produced an act rendered on October 29/31, 1998 by the Sunni Shar'i Tribunal of Beirut, according to which the decision to dissolve the marriage of the [C.] spouses had become res judicata on September 17, 1998. The Civil Court of the District of Delémont and the Civil Court of the Cantonal Tribunal of the Canton of Jura dismissed the exceptions raised by the defendant and upheld their jurisdiction to hear the divorce proceedings.

Considerations

The Federal Tribunal dismissed the appeal for reform filed by [C.] against this judgment. In the absence of an agreement between Lebanon and Switzerland, the conditions for the recognition of the act of dissolution of the marriage emanating from the Tribunal of Beirut are governed by the Federal Act on Private International Law (PILA). According to case law and doctrine, a unilateral repudiation of the wife by the husband manifestly violates Swiss substantive public policy (Art. 27(1) PILA) and cannot in principle be recognized, except when the repudiation took place abroad between nationals of the country concerned and the validity of the divorce is only raised as a preliminary issue. In the present case, the…