Turkish court finds husband at fault in divorce case for listening to song reminding of past relationship

Duvar English

An İzmir court has found a man "heavily at fault" in a divorce case for keeping on seeing his ex-spouse, having conversations with his wife that undermine trust, listening to songs at home reminding of a past relationship and continuing to do such acts despite his spouse being disturbed.

The local court ruled that insult, physical violence and jealousy on the part of the woman were also proved and decided that the man was "heavily" and the woman was "slightly" at fault in the events that led to the divorce and ruled for the divorce of the parties.

An İzmir appeals court, on the other hand, overruled the lower court’s decision and found the woman "heavily" and the man "slightly" at fault over the woman’s “insults, threats, physical violence, jealousy, kicking the man's mother out of the house,” according to reporting from the state-run Anadolu Agency. 

Turkey’s top appeals court, the Court of Cassation, also overruled the appeal’s court’s decision.

In its decision, the 2nd Civil Chamber of the Court of Cassation said the parties continued the marriage union after the incidents such as physical violence attributed to the woman and kicking the man's mother out of the house. 

The court emphasized that these acts, which are forgiven or at least tolerated by the man, cannot be attributed to the woman as a fault.

The court found both parties "equally" at fault, saying a man who behaves in a manner that undermines trust and neglects the duties of the union and a woman who insults, threatens or is jealous of her spouse are equally at fault.

The court also ordered the man to pay alimony to the woman as she “would fall into poverty due to the divorce.”

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