27.06.2026 20:01
In Afyonkarahisar, a man's request for a DNA test from his wife was deemed a "faulty accusation of infidelity." While the local court's "3-year separation" decision was overturned on appeal, the Court of Cassation ruled that the case should be accepted.
A woman living in Afyonkarahisar applied to the court on the grounds that her husband requested a DNA test from her, accusing her that the child was not his.
SHE REQUESTED A 'SEPARATION' DECISION, NOT DIVORCE
The woman did not request the termination of the marriage but sought a 'separation decision', which allows the parties to live apart for a specific period. The Çay Civil Court (Family Court) deemed the husband's demand for a DNA test from his wife, accusing her of infidelity regarding the child, as a culpable behavior. The court accepted the woman's request and ruled that the parties would 'separate' for a period of 3 years.
THE APPEAL COURT OVERTURNED THE 'SEPARATION' DECISION
The Konya Regional Court of Appeal's 2nd Civil Chamber, reviewing the case upon the husband's appeal, annulled the first instance court's decision. The chamber accepted the husband's accusation of infidelity against his wife as a fault. However, it ruled that for a separation (living apart) decision to be granted, there must be a possibility of the spouses reuniting in the future; in this specific case, the couple's likelihood of reconciliation and reestablishing a shared life could not be proven, thus dismissing the woman's lawsuit.
THE COURT OF CASSATION OVERTURNED THE APPEAL COURT'S DECISION
The woman who appealed the decision was found justified. The Court of Cassation's 2nd Civil Chamber, reviewing the case, stated that the husband's fault of accusing his wife of infidelity by requesting a DNA test was finalized, and this behavior is legally considered a ground for divorce. The Court of Cassation emphasized that the case was not a divorce case but was filed directly and solely to obtain the legal right to live separately. According to the law, in cases filed only with the request for living apart, once the husband is found to be at fault, there is no need to additionally seek 'the possibility of the spouses reuniting or reconciling.' Therefore, the Court of Cassation ruled that while the woman's separation lawsuit should have been accepted, the appeal court's rejection was against the law, and annulled the Regional Court of Appeal's decision.