Key legal question
Whether the wife was entitled to separation maintenance despite a short marriage and no expected resumption of cohabitation.
Extracted holding
Yes. During judicial separation, maintenance remains based on the marital support duty under Art. 163 ZGB; short duration and lack of reconciliation do not by themselves eliminate the claim.
Extracted reasoning
Separation does not dissolve the marriage. The court applied the rules on protection of the marital union, not post-divorce maintenance. The wife’s illness and inability to earn supported the claim.