Facts
In this case, the husband (the applicant) requested a reduction in the alimony he was paying to his ex-wife (the defendant) pursuant to a divorce judgment. The Federal Tribunal rejected this request. The main facts are as follows: - In 1968, as part of the divorce judgment, the husband was ordered to pay a monthly alimony of 300 francs to his ex-wife. - In 1969, the ex-wife's income increased, going from approximately 400 francs per month to 640 francs per month. - The husband then requested a reduction in the alimony, on the grounds that his ex-wife's financial situation had improved significantly and durably. - The Federal Tribunal rejected this request, considering that the increase in the ex-wife's income, although significant, did not constitute a sufficient modification to justify a reduction in the alimony.Considerations
According to the Federal Tribunal, one of the conditions set out in Art. 153 para. 2 CC for reducing alimony is that the financial situation of the beneficiary has undergone a significant and lasting change. However, in this case, the increase in the ex-wife's income, although substantial, was within the framework of the general rise in prices and the normal improvement in real wages. It did not, therefore, constitute a "significant decrease" in her need that would justify a reduction in the alimony.
Furthermore, the Tribunal considered that even if the ex-wife's income now exceeded her minimum subsistence level, it was not necessary to reduce the alimony. It could remain at a level higher than…