Key legal question
Whether the wife could be denied the right to live separately under Art. 175 ZGB because the husband had a new partner.
Extracted holding
No. A spouse who himself maintains a third relationship cannot refuse the other spouse separate living when cohabitation would be unreasonable and would seriously endanger that spouse's personality and family peace.
Extracted reasoning
The husband's own relationship made it unreasonable to require the wife to return home and live under the same roof. This would seriously threaten her personality and would not serve the welfare of the family.