Indifference in marriage deemed a fault: He will pay 75 thousand TL in compensation
The Court of Cassation has upheld a ruling against a husband who was found at fault in a divorce case for being indifferent toward his spouse, ordering him to pay alimony and 75 thousand Turkish Lira in non-pecuniary damages.
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A precedent-setting decision regarding indifference in marriage has been issued by the Court of Cassation. A husband who did not even know where his wife worked and did not respond to calls from her family was found fully at fault in a divorce case and was ordered to pay both alimony and compensation. This decision, initially rendered by the local court, was upheld by the 2nd Civil Chamber of the Court of Cassation.
The incident that led to the ruling took place in Antalya. A woman filed for divorce, stating that her husband was indifferent to both her and their child, slept in a separate bed, went on trips without providing any explanation, and had blocked her on social media. She also alleged that her husband's family excluded her and insulted her.
In response to the woman's claims, the defendant husband did not provide any defense to the court. Despite the notification being served in accordance with the procedure, he did not participate in the legal process.
The Antalya 8th Family Court determined that the husband acted with such indifference that he "did not even know the location of his wife's workplace and ignored her existence." Furthermore, the court ruled that the husband was at fault for severing ties with his wife's family and failing to answer their calls.
The court decided on a divorce, stating that the "marital union had been fundamentally shaken." While custody of the child was granted to the mother, it was ordered that the husband pay 1,000 Turkish Lira in monthly interim alimony for both the child and the woman. It was also ruled that 20 thousand Turkish Lira in non-pecuniary damages be paid to the woman.
The file was moved to the Antalya Regional Court of Justice upon the defendant's appeal. Evaluating the objection, the 2nd Civil Chamber found the local court's decision generally in accordance with the law, but increased the amount of compensation to be paid to the woman to 75 thousand Turkish Lira.
Following an appeal of this decision, the file was moved to the Court of Cassation. The 2nd Civil Chamber of the Court of Cassation ruled that the decisions of both the court of first instance and the appellate court were in accordance with both procedure and law, and upheld the decision by rejecting the "defendant husband's request for appeal."