Turkish Court of Cassation rules husband fully at fault in divorce case

The Turkish Court of Cassation (Yargıtay) has issued a significant ruling regarding divorce fault and family privacy. The 2nd Civil Chamber ruled that a husband is fully at fault for the breakdown of a marriage after determining he shared private family matters with others, gossiped about his spouse to relatives, failed to meet household needs, and insulted his wife.

The case originated in the Kelkit District Family Court in Gümüşhane, where the husband was initially found heavily at fault and the wife minimally at fault. However, the Trabzon Regional Court of Justice later reversed this, suggesting that the couple's decision to continue living together after the incidents constituted “forgiveness,” thereby finding the wife fully at fault.

The Court of Cassation overturned the regional court's decision, rejecting the notion that continued cohabitation negated the husband's misconduct. The high court ruled that the husband's divorce petition should be rejected and the wife's petition accepted. Additionally, the court denied the husband's appeal regarding alimony payments.