Attention those planning to marry: Marriage can be annulled if a spouse hides their criminal record
After learning that his wife had been involved in two separate theft incidents before they were married, Fuat Ş. filed for divorce. The Court of Cassation overturned the local court's decision, which had ruled that a criminal record could not be considered grounds for divorce, and found the husband's request to be justified.
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A man living in Antalya filed for an annulment of his marriage after discovering that his wife had hidden crimes she committed before they were married. The Court of Cassation issued a precedent-setting ruling, overturning the decision of the appellate court. Fuat Ş., who married Arya Ş. in Antalya some time ago, learned that his wife had been involved in two separate theft crimes before their marriage and had concealed these offenses from him.
HE LEARNED HIS WIFE WAS INVOLVED IN THEFT
According to a report by Halit Turan from Sabah, the man, whose trust was shattered, applied to the Antalya Family Court. In the petition submitted to the court, Fuat Ş. stated that his wife, Arya Ş., had been involved in two separate theft crimes before their marriage, that she had hidden this situation from him while they were getting married, and that he learned all of this after the wedding, requesting the annulment of the marriage.
The case, which was accepted by the Family Court, was taken to the appellate court by Arya Ş. The 2nd Civil Chamber of the Antalya Regional Court of Justice, which reviewed the woman's application, ruled that the grounds were not valid for an annulment case. Fuat Ş., whose claim was rejected by the appellate court, took the decision to the Court of Cassation. In the review conducted by the 2nd Civil Chamber of the Court of Cassation, it was determined that Arya Ş. had been convicted of two separate theft crimes by the 3rd and 5th Criminal Courts of First Instance in Isparta.
THE APPELLATE COURT'S DECISION WAS OVERTURNED
The ruling emphasized that theft is a crime involving moral turpitude and that a man marrying someone who has been convicted of theft without knowing about this situation should be considered a mistake regarding an essential quality of the woman.
Stating that this situation makes living with the woman unbearable for the man, the ruling overturned the decision of the appellate court. In the decision, which has now entered legal precedent, the Court of Cassation ruled that the man's annulment case should be accepted.