Court of Cassation upholds ruling against spouse who did not attend funeral: Court deems it 'full fault'

In a divorce case in Ankara, a spouse's failure to attend their mother-in-law's funeral was accepted by the court as "full fault." Following a lawsuit filed by businessman N.Y. against his wife of 20 years, S.Y., the court decided to grant the divorce. The decision has become final after passing through the Court of Cassation's review.

In the lawsuit filed in 2024, N.Y. alleged that his wife did not accompany him to weddings, did not attend funerals, and finally, was not by his side at his mother's funeral. Stating that this situation created a heavy burden for him, N.Y. argued that the foundation of the marital union had been shaken.

The defendant, S.Y., claimed that she loved her husband and that the problem did not stem from her husband, but from the hostility she experienced with her mother-in-law. S.Y. alleged that they had argued because her mother-in-law had come to her home without her knowledge, and that during this argument, she was told, "Do not come to my death or my life."

The Ankara Family Court evaluated the defendant wife's failure to attend her husband's mother's funeral as the decisive fault in the events leading to the divorce. The ruling stated that no fault could be proven against the plaintiff husband, while the defendant wife was found to be fully at fault.

LAWYER'S ASSESSMENT OF 'PRECEDENT-SETTING DECISION'

N.Y.'s lawyer, Senem Yılmazel, said that not attending the funeral was the "last straw" in the process between the parties. Yılmazel stated that her client filed for divorce approximately one month after the funeral.

Pointing to the obligation of spouses to support each other in marriage, Yılmazel said, "My client stated that his wife left him alone in good times and bad, did not accompany him to weddings, did not attend funerals, and that finally, not even attending his mother's funeral was a very heavy burden for him, and that is why he wanted to divorce."

Stating that the decision could be considered a precedent, Yılmazel noted that the issue should not be viewed solely as not attending a mother-in-law's funeral. Yılmazel reminded that Article 185 of the Turkish Civil Code stipulates that spouses are obliged to be loyal to each other, to live together, and to assist one another.

Yılmazel stated that the violation of this obligation could be accepted as a reason for divorce, adding, "Actually, the issue here is leaving the spouse alone. Leaving them alone in good times and bad."

News Source: 12punto