Dem bzw. der betrogenen EhepartnerIn stand das Recht, eine Scheidung zu verlangen, nicht zu, wenn dieser bzw. diese dem Ehebrecher bzw. der Ehebrecherin die „zugefügte Beleidigung ausdrücklich und gänzlich verziehen“ habe, so der Jurist Thomas Dolliner.
Um zu beweisen, dass sie ihrem Ehemann den Seitensprung mit einer anderen Frau nicht vergeben und vergessen hatte, schwor Katharina Popp im Jahr 1810 folgenden Eid vor dem Scheidungsgericht, dem Magistrat der Stadt Wien:
Ich Katharina Popp schwöre zu Gott dem Allmächtigen einen reinen, körperlichen, und unverfälschten Eyd ohne einige Gemüthshinterhaltung oder zweydeutigen Verstand, das ist, das ich nicht anders rede, als ich denke, und nicht anders denke, als ich rede, sondern wie ich es mir einstens vor dem strengen und allwissenden Richterstuhl Gottes zu verantworten getraue dahin: Daß ich bey dem Stiftgericht Schotten im März 1808 nach der gefänglichen Einziehung der Juliana Reisinger nebst gänzlichen Vergeben und Vergessen des Vergehens des Geklagten mit dieser Reisinger mich nicht geäussert habe, wieder mit dem Geklagten leben zu wollen. So wahr mir Gott helfe. Katharina Popp
Interessant, dass der betrogene Ehepartner in diesem Fall nicht die Scheidung verlangen kann. Habe ich es richtig verstanden, dass dieses Gesetz lange in der Vergangenheit liegt? Ich werde mal einen befreundeten Rechtsanwalt für Scheidung fragen, ob das noch gilt.
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