Precedent-setting court ruling: Bad news for woman who called her husband overweight

A woman found to have used derogatory language toward her husband because he was overweight has been ordered by the court hearing the divorce case to pay 5,000 Turkish Lira in non-pecuniary damages.

M.S.A., a husband residing in Ankara, filed for divorce from his wife, V.A., in 2019 through his lawyer, Aykut Özdemir. In the petition, the plaintiff M.S.A. alleged that his wife subjected him to "emotional violence," specifically citing his weight, and that this also manifested as sexual reluctance.

DEMAND FOR 30 THOUSAND TL EACH IN PECUNIARY AND NON-PECUNIARY DAMAGES

The husband, who argued that his wife left the financial burden of the household entirely to him despite them earning the same salary and that she did not take care of household chores, demanded 30 thousand lira each in pecuniary and non-pecuniary damages from his wife in addition to the divorce.

COUNTER-SUIT BY THE WIFE: SHE DEMANDED 70 THOUSAND TL PECUNIARY AND 100 THOUSAND TL NON-PECUNIARY DAMAGES

During the same period, the wife filed a "counter-suit" against M.S.A. Stating that her husband knew his physical characteristics when they married and that there was no humiliation, emotional violence, or failure to contribute to household expenses, the woman explained that her husband had taken out a loan without her knowledge, that she was forced to pay this debt, and that her peace of mind was disturbed under the threat of foreclosure.

The woman noted that her husband frequently expressed that he did not love her and requested 70 thousand lira in pecuniary and 100 thousand lira in non-pecuniary damages.

COURT FINDS WIFE AT FAULT

The Ankara 7th Family Court decided to grant the divorce and found the wife to be at fault.

In the court's reasoned decision, it was stated that based on the evidence collected during the trial and witness testimonies, the wife was at fault for using derogatory language toward her husband due to his weight, forcing him to follow diet and exercise programs, and avoiding sexual intimacy.

In the reasoned decision, regarding the husband taking out a loan without the wife's knowledge, the court evaluated that: "It was concluded that the wife had forgiven this fault, or at least tolerated it, as the wife's witness stated in a conversation with the parties that the wife was aware of the situation, and the parties continued to live together afterward."

The decision, which stated that there was no concrete evidence or witness testimony regarding the wife's claims that she was subjected to violence by her husband, noted the following:

"In this specific case, it is understood that the husband entered into the marriage for a happy union, and the marriage ended due to the full fault of the wife. For this reason, evaluating the economic and social status of the parties, 15 thousand lira in pecuniary damages was awarded in favor of the husband. When the acts leading to the divorce are evaluated, considering the nature and extent of the injustice of the acts, as the wife's behavior constituted an attack on the husband's personal rights, 5 thousand lira in non-pecuniary damages was awarded."

The decision, which was also found to be in accordance with the law by the appellate court, was reviewed by the 2nd Civil Chamber of the Court of Cassation. The Chamber upheld the decision of the Ankara 7th Family Court.

News Source: AA