18.10.2025 11:56
The Court of Cassation has made a landmark ruling regarding divorce cases. The high court ruled that a man who does not take care of his home and family and fails to fulfill his financial responsibilities is not required to pay moral compensation. The justification for the decision was that the woman's personal rights were not violated.
The Court of Cassation's 2nd Civil Chamber has made a landmark decision regarding divorce cases. The Court stated that 'the man's negligent behaviors, such as not caring for his home and family, not meeting their needs, and not having a regular job, do not constitute an attack on the personal rights of the plaintiff woman.'
THE CASE WAS BROUGHT TO THE COURT OF CASSATION
According to information obtained from the Case Law Bulletin Application, the Istanbul Regional Court of Appeal's 10th Civil Chamber ruled in favor of the female spouse for non-pecuniary damages against the male spouse regarding the divorce and compensation issues between the spouses. The male spouse appealed the ruling given as a result of the appellate review within the specified time, and the case was taken for examination by the Court of Cassation's 2nd Civil Chamber.
NON-PECUNIARY DAMAGES WILL NO LONGER BE AWARDED
As a result of the appellate review, the Court of Cassation's 2nd Civil Chamber included the following statements in the annulment decision:
"The behaviors of the defendant man, which were accepted and realized by the court as 'not caring for his home and family, not meeting their needs, and not having a regular job,' do not constitute an attack on the personal rights of the plaintiff woman. The conditions of the second paragraph of Article 174 of Law No. 4721 have not been met in favor of the woman. Therefore, it was not correct to decide to accept the plaintiff woman's request for non-pecuniary damages instead of rejecting it, and this necessitated the annulment."
Thus, by establishing an important precedent, the Court has ruled that even if such claims are substantiated, non-pecuniary damages cannot be awarded in most divorce cases where such allegations are relied upon as fault.