Striking divorce ruling from the Court of Cassation regarding family relations: Deemed gross negligence

The 2nd Civil Chamber of the Court of Cassation has upheld a local court's decision in a divorce case that deemed it a fault for a husband, who traveled frequently for work, to leave his wife and child neglected, rarely take his wife on his travels, fail to celebrate special occasions, and show no interest in his wife's illness.

In the mutual divorce case filed in Manisa, the woman argued that her husband, a volleyball manager who frequently traveled domestically and internationally for work, neglected her and their child.

Stating that her husband neglected his family and did not accompany her to social settings, the woman requested a divorce as well as 50 thousand liras in non-pecuniary damages.

The husband, on the other hand, claimed that his wife had made it a habit to leave the house and end their shared life even over minor issues, and that she refused to meet with his family or allow them to come to their shared residence. The husband, who also alleged that his wife had nervous breakdowns at home due to jealousy and insulted him, requested 20 thousand liras in non-pecuniary damages.

50 THOUSAND LIRAS IN NON-PECUNIARY DAMAGES

The Manisa 1st Family Court found the husband, who left his wife and child neglected due to his work, rarely took his wife on domestic and international trips, and left his wife alone during special celebrations, to be at gross fault.

The court also found the woman at fault due to her jealousy stemming from her husband's work and rumors she heard from others, sending messages containing insults and stating she did not want him at home, and not meeting with her husband's family for a long time without a valid reason.

Deciding that the woman was slightly at fault and the man was at gross fault in the events leading to the divorce, the court ruled for 2,500 liras in monthly interim and poverty alimony for the woman, whose personal rights were violated due to the divorce, and 50 thousand liras in non-pecuniary damages.

Upon the parties' appeal, the 2nd Civil Chamber of the İzmir Regional Court of Justice reviewed the file and rejected the appeal on its merits, stating that the local court's decision was in accordance with procedure and law.

The 2nd Civil Chamber of the Court of Cassation, which delivered the final verdict in the appealed case, also upheld the local court's decision that deemed the husband at gross fault.