Facts
X. and Mrs. X., both of Italian nationality, were married in 1960 in Sicily. By a judgment of May 13, 1998, the Tribunal of Milan pronounced their divorce at the request of the husband. On June 24, 1998, Mrs. X. brought a claim before the District Judge II of Monthey seeking to supplement this divorce judgment, in particular to obtain a monthly maintenance allowance, damages, and the division of the property in Sicily. The District Judge declared himself competent to rule on this claim pursuant to Art. 64(1) PILA. Seized of a nullity appeal, the Valais Cantonal Tribunal referred the case back to the first judge to examine preliminarily whether such an action could be brought in Italy. In its new decision, the District Judge held that the supplementary action could be brought in Italy and therefore declared the claim inadmissible.
Considerations
The Federal Tribunal upheld the appeal for reform filed by Mrs. X. It considered that, under the current law, the principle of the unity of the divorce judgment does…