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Supreme Court divorce ruling: Refusing to see spouse's relatives deemed a fault

The Supreme Court has upheld a lower court's decision finding a woman at fault in a divorce case for refusing to see her husband's relatives and treating them poorly when they did meet.

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Supreme Court divorce ruling: Refusing to see spouse's relatives deemed a fault

The 2nd Civil Chamber of the Supreme Court has upheld a court ruling that found an individual at fault in a divorce case for refusing to see their spouse's relatives and treating them poorly.

According to the chamber's decision, a woman living in Ankara filed for divorce and requested compensation, claiming that her husband had subjected her to violence, remained silent regarding his family's interference in their marriage, and had developed a gambling habit, thereby causing the foundation of their marital union to collapse.

The husband filed a counter-suit, claiming his wife's allegations were baseless. Stating that his wife did not show him love or respect, failed to fulfill the duties imposed by their marital union, refused to see his relatives, belittled him, and compared him to others, the husband requested that they be granted a divorce and that compensation be awarded in his favor.

The Ankara 7th Family Court, which conducted the trial, found the woman to be at minor fault based on the evidence collected and witness testimonies, noting that she did not want to see her husband's siblings and relatives, treated them poorly when they encountered each other, did not take care of household chores, and did not prepare breakfast for the children. The court found the husband, who had developed a gambling habit and put the marriage in economic distress, to be at major fault, and ruled for the parties to be divorced and for a total of 60 thousand liras in pecuniary and non-pecuniary damages to be paid to the woman, who was considered to be at minor fault in the divorce.

APPEALS COURT FOUND EQUAL FAULT

Following an appeal against the local court's decision, the file was brought to the appellate court.

The 1st Civil Chamber of the Ankara Regional Court of Justice reviewed the file and ruled that the fault ratios of the spouses were equal, deciding to uphold the divorce ruling while overturning the decision to award pecuniary and non-pecuniary damages in favor of the woman.

The plaintiff woman appealed the appellate court's decision regarding the determination of fault between the parties.

SUPREME COURT UNANIMOUSLY UPHELD

The 2nd Civil Chamber of the Supreme Court, which conducted the appeal review, determined that there was no illegality in the appellate court's decision and unanimously upheld it.

The Supreme Court's decision stated that the ruling was in accordance with procedure and law based on the conditions of the case, the rules of trial and evidence, and the grounds specified in the decision, and reported that the request for appeal was rejected in accordance with Article 370 of the Code of Civil Procedure No. 6100.


News Source: AA

Divorce divorce case Family Court Court of Cassation 2nd Civil Chamber of the Court of Cassation