Precedent-setting ruling from the Court of Cassation in divorce case: Husband who restricted his wife deemed fully at fault

The 2nd Civil Chamber of the Court of Cassation ruled that a man who exhibited oppressive and violent behavior toward his wife was "fully at fault" in their divorce case. The decision upheld the local court's ruling regarding the man's obligation to pay alimony and compensation.

A woman living in Ordu filed for divorce, stating that her husband was constantly jealous, did not allow her to go out, had spells cast on her, and did not share the burden of the household. The woman, who expressed concern for her safety, also requested pecuniary and non-pecuniary damages.

The defendant husband, on the other hand, claimed that his wife was aggressive, committed violence against him, frequently chose to sleep separately, and insulted him. He requested the dismissal of the case and the acceptance of his own divorce petition.

The Ordu 2nd Family Court found the man "fully at fault," noting that he "had excessively jealous attitudes, did not allow the woman to leave the house, used fake jewelry at the wedding, shouted at the woman, and walked toward her while insulting her." The court, which decided on the divorce, ordered the man to pay the woman 1,000 TL in monthly alimony, as well as 40,000 TL in pecuniary and 40,000 TL in non-pecuniary damages.

Upon the man's appeal, the 4th Civil Chamber of the Samsun Regional Court of Justice reviewed the file and, taking into account the economic situation of the parties, decided that the alimony should be paid as a lump sum of 30,000 TL. Other objections were rejected.

In the file carried to the Court of Cassation, the 2nd Civil Chamber found the local court's decision appropriate and upheld it. The decision included the following assessment:

"The reversal of the final decisions of the regional courts of justice is possible only if one of the reasons stated in Article 371 of Law No. 6100 exists. The decision examined on appeal is in accordance with the procedure and the law, based on the mutual claims and defenses of the parties, the documents they rely on, the legal rules that must be applied to the dispute, the characterization of the legal relationship, the conditions of the case, the rules of trial and proof, and the justifications stated in the decision; the reasons put forward by the defendant husband in the petition of appeal were not seen as sufficient to require the reversal of the decision."

News Source: AA