Precedent ruling from the Court of Cassation: Husband ordered to pay compensation for calling his wife a 'gypsy'

The 2nd Civil Chamber of the Court of Cassation found the husband, who called his wife a "gypsy," at fault in the divorce and upheld the local court's decision regarding the payment of compensation and alimony to the woman.

According to the ruling, a man living in Çorum filed for divorce, claiming that his wife had left the home just 14 days after the marriage, that she had insulted him and engaged in provocative behavior during their marriage, and that the child from his wife's previous marriage had also acted aggressively and disrespectfully toward him.

In response, the defendant wife stated that her husband's claims had no legal basis and did not reflect the truth. The woman also filed a counter-lawsuit, stating that throughout their short-lived marriage, her husband had constantly opposed her words and actions, created arguments, used insulting and demeaning language by calling her a "gypsy" or "gypsy woman," and had even kicked her out of the house.

In the case heard at the Çorum 2nd Family Court, it was determined that the man, who insulted the woman by calling her a "gypsy" and exhibited demeaning behavior, was at fault, and that the claims put forward by the man could not be proven. The court ruled to reject the lawsuit filed by the man and accept the lawsuit filed by the woman. It was decided that the parties would be divorced due to the "irretrievable breakdown of the marital union," and that the man would pay the woman 15,000 TL in non-pecuniary damages and 10,000 TL in monthly alimony.

Reviewing the file upon the man's objection, the Samsun Regional Court of Justice 4th Civil Chamber concluded that there was no illegality in the local court's decision and rejected the appeal.

Following this decision, the 2nd Civil Chamber of the Court of Cassation, which examined the appeal filed by the man, also upheld the decision, ruling that there was no illegality in the local court's decision in terms of either procedure or substance.

The Court of Cassation's ruling included the following statements: "The decision reviewed on appeal is in accordance with procedure and law based on the mutual claims and defenses of the parties, the documents they relied upon, the legal rules applicable to the dispute, the characterization of the legal relationship, the conditions of the lawsuit, the rules of trial and proof, and the justifications stated in the decision; the reasons put forward in the man's appeal petition were not found to be of a nature that would require the overturning of the decision."

News Source: AA