02.09.2025 14:12
The Court of Cassation ruled that a woman's prolonged departure from the family home without the man's knowledge and consent does not constitute a fundamental disruption of the marriage union.
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The Court of Cassation's 2nd Civil Chamber has signed a precedent decision that will ignite a new debate. The Court of Cassation's 2nd Civil Chamber stated that a woman's long-term departure from the family home without the man's knowledge and consent cannot be considered a reason for the husband to claim that the marriage has been fundamentally undermined.
"MY WIFE IS LEAVING THE HOUSE WITHOUT MY KNOWLEDGE," HE SAID, AND APPLIED TO THE COURT
According to information obtained from the Case Law Bulletin Application, in a divorce case seen in Nazilli, where both parties filed for divorce, the İzmir Regional Court of Appeal's 18th Civil Chamber, as a result of the appellate review, considered the wife's long-term departure from the family home without the husband's knowledge and consent as a reason for the fundamental undermining of the marriage union under Article 166 of the Turkish Civil Code, and decided to accept the divorce case filed by the husband.
The decision of the İzmir Regional Court of Appeal's 18th Civil Chamber was appealed by the representative of the wife.
THE COURT OF CASSATION SAID "IT DOES NOT FUNDAMENTALLY UNDERMINE THE MARRIAGE UNION"
As a result of the appeal review, the Court of Cassation's 2nd Civil Chamber ruled that the wife's long-term departure from the family home without the husband's knowledge and consent does not constitute a reason for the fundamental undermining of the marriage union under Article 166 of the Turkish Civil Code, and since there was no divorce case filed by the husband based on abandonment, it decided to overturn the ruling regarding the divorce case filed by the husband.
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