Questão jurídica principal
Whether the cantonal court arbitrarily refused to award the wife more spousal maintenance than requested in first instance
Decisão extraída
The court was bound by the wife's pleadings for her own maintenance and could not award more than she had claimed below.
Fundamentação extraída
Under Art. 176 CC, spousal maintenance in protective measures is governed by the disposition principle, unlike child maintenance. The wife’s reliance on case law concerning the combined calculation of spouse and child support did not override this rule.