Husband who listened to songs for his ex-wife and jealous wife who used insults deemed equally at fault

The 2nd Civil Chamber of the Court of Cassation evaluated the local court's decision regarding a mutual divorce case of a couple in İzmir. The court noted the defendant-counter-plaintiff husband's behaviors, such as contacting his ex-wife, engaging in conversations that undermined trust, and listening to songs that reminded his spouse of his previous relationship. At the same time, it stated that the plaintiff-counter-defendant wife had proven incidents of insults, physical violence, and jealous behavior.

The local court had ruled for divorce, evaluating the husband as "less at fault" and the wife as "heavily at fault" in the events leading to the divorce. However, following the parties' appeals, the İzmir 2nd Regional Court of Justice re-evaluated the faults and found the husband to be "less at fault."

Regarding the appellate court's decision, the 2nd Civil Chamber of the Court of Cassation stated that the husband had sent messages to his ex-wife that undermined trust and did not take care of his children, and that the wife had proven incidents such as insults, threats, and physical violence. However, the Court of Cassation overturned the local court's decision, emphasizing that as long as the parties continued their marital union, forgiven behaviors could not be attributed to the wife as a fault.

The reasoning highlighted that the parties were equally at fault for the behaviors leading to the divorce and that the wife would fall into poverty as a result of the divorce. For this reason, it was stated that an appropriate amount of poverty alimony should be awarded in favor of the wife, and the local court's decision was overturned.