Facts
Josef A., born in 1909, and Emilie F., born in 1899, were married on March 14, 1935 in Zurich. Since January 1, 1945, the spouses have been living separately. In 1953, Josef A. emigrated to Australia where he remarried. On December 23, 1975, Josef A. filed a new divorce petition against Emilie F. with the competent court in his canton of origin, Lucerne. Emilie F. opposed this petition, invoking Art. 142(2) CC. The cantonal instances granted the divorce petition, considering the wife's opposition to be abusive. Emilie F. appealed this judgment to the Federal Tribunal.Considerations
The Federal Tribunal considers that, although the wife claims to be willing to resume cohabitation, it is completely unthinkable that the parties, after 32 years of separation and deep estrangement, could once again form a marital community, given their advanced age (the wife is nearly 80 and the husband nearly 70). The wife has lost all real connection to the marriage and now observes it only in form. In…