Question juridique clé
Whether the appellant could invoke Art. 46 ZEG before the Federal Court after having accepted the first-instance result and sought confirmation below.
Solution extraite
No. By accepting the first-instance judgment and asking on appeal only for its confirmation, the appellant waived further reliance on Art. 46 ZEG.
Motifs extraits
A party who did not pursue a specific divorce ground before the last cantonal instance cannot reassert it before the Federal Court.