20.09.2025 10:50
In a divorce case seen in Istanbul, the Court of Cassation deemed the woman's statement about her husband, "Halil is not a man, he couldn't do it," made in front of his family, as derogatory and considered it a fault. The Court ruled that both parties were equally at fault and annulled the alimony and compensation decisions given to the woman.
In a divorce case seen in Istanbul, the Court of Cassation signed a precedent decision stating that humiliating words between spouses will also be taken into account in the assessment of fault.
THE FIRST DECISION WAS IN FAVOR OF THE WOMAN
Mesude A. filed for divorce, citing her mother-in-law's interference in the marriage and her husband's indifference as reasons. The Family Court found the man to be at fault and granted the woman the right to material and moral compensation as well as alimony.
THE HUSBAND'S APPEAL WAS SUCCESSFUL
Husband Halil A. claimed that his wife humiliated him with the words, "Halil is not a man, he couldn't do it," referring to their sexual relationship in front of her family. The case, which was rejected by the appellate court, was taken to the Court of Cassation.
COURT OF CASSATION: THERE IS EQUAL FAULT
The 2nd Civil Chamber of the Court of Cassation stated that the claim that the man's mother interfered in the marriage could not be proven and that both parties had a share in undermining the marriage union. Emphasizing that the woman's words were humiliating and should be considered as fault, the chamber accepted both parties as equally at fault.
COMPENSATION AND ALIMONY WERE CANCELLED
According to the news by Halit Turan from Sabah; with this decision, the compensation and alimony awarded to the woman were cancelled. The case was sent back to the first-instance court.
PRECEDENT QUALITY
The decision has entered the case law of the Court of Cassation by revealing that not only the behaviors of the parties but also the humiliating words spoken in front of family and social circles can be taken into account in the distribution of fault in divorce cases.