FRENCH MARRIAGES AND SWISS DIVORCE.
The London Daily News’ Geneva correspondent writes A curious case was decided a short time ago by on 3 of the civil courts of this canton. A citizen, born and domesticated at Havre, and married to a Frenchwoman, sued for a divorce. His qualification of Swiss citizenship was due to the fact that his parents were natives of Geneva, and had never divested themselves of their nationality. His claim for a divorce was grounded' on the section of the Federal law of marriage and divorce, whereby it is enacted that when a man and wife have been judicially separated, and the separation has lasted two years, an absolute divorce must be granted on the application of either. The couple in question having been separated by n French court, the husband contended that he was entitled to a divorce. The wife opposed the application on the ground that she was a Frenchwoman, married in France to a man born and domiciled in that country, and that according to the law of her native land the marriage was indissoluble. She contended that the Gen eva Court had no competence in the matter, and demanded that the trial should be referred to a French tribunal. All these pleas were set aside. The wife, whether wittingly or not, having by marrying a Swiss citizon became a Swiss citizen, had to he judged by the laws of her adopted country, and the separation having endured two years the court had no alternative but to grant the divorce which the husband demanded. The consequences flowing from this decision are rather curious. There being no dissolution of matrimony over the border the divorced couple are still man and wife in France. The woman cannot take another husband in France, but the man may take another wife in Switzerland. He may thus have a lawful wife in each country, and, ah parties being agreeable, he might by the simple expedientof building a house on the ligne de convention which marks the boundary between tho canton of Geneva and the department of the Ain, have both wives under the same roof.
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Temuka Leader, Issue 1064, 6 February 1883, Page 3
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357FRENCH MARRIAGES AND SWISS DIVORCE. Temuka Leader, Issue 1064, 6 February 1883, Page 3
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