Supreme Court ruling on compensation for groom who failed to show up on wedding day saying 'I'm afraid of marriage'

The 2nd Civil Chamber of the Supreme Court of Appeals has issued a notable ruling regarding a groom-to-be who did not attend the ceremony on his wedding day, stating, "I am afraid of marriage, I cannot do it." The Chamber ruled that the incident could not be considered within the scope of an ordinary engagement breakup and decided that a non-pecuniary damage assessment should be made in favor of the woman.

The couple, who were preparing for marriage in Istanbul, were scheduled to have their wedding on July 26, 2020. However, during the henna night held the day before the wedding, an argument broke out between the parties over the traditional custom of placing gold in the man's hand.

The next day, while wedding preparations were ongoing, the groom-to-be called the bride's side by phone and informed them that he would not be coming to the wedding. Following the man's side breaking off the engagement in this manner, the parties filed lawsuits against each other.

While the man's side demanded the return of gifts and compensation, the woman's side requested pecuniary and non-pecuniary damages due to the grievance she suffered. The Bakırköy 13th Family Court ruled for the return of some of the jewelry but rejected the parties' requests for non-pecuniary damages.

Following the appellate process, the 2nd Civil Chamber of the Supreme Court of Appeals, which conducted the appeal review, rejected the man's appeal objections and made a ruling in favor of the woman.

In its decision, the Court pointed to Article 121 of the Turkish Civil Code, stating that it is natural for the breaking of an engagement to cause sadness for the parties. However, it was emphasized that in this specific case, the man informing the woman and her family of his withdrawal by phone at the last minute while they were continuing their preparations created a different legal outcome.

The Supreme Court ruled that this attitude constituted an attack on the woman's personal rights and necessitated non-pecuniary damages. The file was sent back to the local court to determine an amount of non-pecuniary damages appropriate to equity for the benefit of the woman.

News Source: 12punto