Spouse Who Refuses To Visit Relatives Is Deemed To Be At Fault
In divorce cases, the fault attributed to one spouse is also valid for the other spouse in another case. Since the decisions of the Court of Cassation are based on concrete cases, the expressions “man” or “woman” are used. It should not be assumed that there is a difference. In the current case, it was seen that the spouse who refused to meet with some of the relatives of the husband and did not make a holiday visit was considered to be at fault. You can examine the Sample Court of Cassation Decision.
2nd Civil Chamber
Principal Number: 2016/4522
Decision Number: 2017/9803
“Case Law Text”
COURT :Family Court
TYPE OF CASE : Divorce
At the end of the trial of the case between the parties, the judgement given by the local court, dated and numbered above, was appealed by the plaintiff man for the determination of fault, the compensation and alimony awarded to the woman, and by the defendant woman for all of them, and the documents were read and discussed accordingly:
In the statement of claim, the plaintiff must present a clear summary of all the facts on which the plaintiff’s claim is based under sequence number (Art. 119/1-e of the CCP). The court cannot examine the facts that are not duly relied upon by the plaintiff. The court decided to accept the case based on the fact that “the defendant woman did not want to meet with some relatives of the man and visit him on holidays” which was not duly asserted by the plaintiff man. No other defective behaviour of the defendant woman requiring divorce has been proved. According to the realised situation, while it should be decided to reject the case, it was not correct to decide to accept the case as written and required a reversal.
CONCLUSION:
It has been unanimously decided that the appealed judgement shall be DISMISSED for the reason shown above, the appellate objections of the plaintiff’s man shall not be examined according to the reason for the reversal, the pre-appeal fee shall be returned to the depositors upon request, and the way of decision correction shall be open within 15 days from the notification of this decision. 21.09.2017 .
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