Neglect of Support Following Dismissal of Divorce After Modification of Provisional Marital Protection Order

The case concerned an individual charged with neglecting support obligations under criminal law after failing to pay court-ordered alimony. The lower court based the support obligation on an earlier maintenance decision, assuming it automatically revived after the appellate court dismissed the husband's divorce petition. The appellate court ruled that if an initial marital protection order (Eheschutzentscheid) is modified or set aside by a provisional measure decision during divorce proceedings, the original order is extinguished and does not automatically revive upon the final dismissal of the divorce action; instead, new marital protection measures must be sought, as the provisional measures themselves lapse upon the conclusion of the divorce process, providing a more dogmatically sound solution that accounts for potentially changed financial circumstances and the availability of new applications with retroactive effect.