Federal court may independently assess evidence when cantonal courts do notKI-generiert

In a divorce dispute between the spouses Capeder, the cantonal court had taken evidence on alleged assaults and threats but left the evidentiary result open because it considered the allegations irrelevant. The Federal Court held that, in such a situation, it may itself assess the evidence and establish the facts from the record. It reasoned that this case is equivalent to the one expressly regulated by Art. 30(4) of the federal judiciary act, where a cantonal court refuses evidence on relevant facts.