Spouse Who Talks About Ex-Lover Is Defective
If a person constantly talks about his/her ex-girlfriend after marriage and says things like “I wish I had married my ex-girlfriend, I would have been happier with her, I regret marrying you, I miss my ex-girlfriend”, this is considered a defect. This is because the common life within the marriage union can only continue within mutual love and respect. Words or behaviors that shake the common life from its foundations may cause incompatibility to the extent that it is not possible to continue the union. You can examine the sample Court of Cassation Decision below, which is one of the many examples on the subject.
“Case Law Text”
COURT Family Court
TYPE OF CASE Mutual Divorce
2nd Civil Chamber of the Court of Cassation
Principal Number: 2016/10455
Decision Number: 2018/ 1541
At the end of the trial of the case between the parties, the judgment given by the local court, dated and numbered above, was appealed by the defendant-plaintiff man in terms of both cases, the documents were read and discussed accordingly:
Although the court decided to dismiss the divorce case of the defendant-plaintiff man and to accept the case of the plaintiff-defendant woman and to divorce the parties by stating that the defendant-plaintiff man was at fault for the breakdown of the marriage union, it is understood from the trial and the collected evidence that in addition to the defects of the defendant-plaintiff man accepted by the court, the plaintiff-defendant woman frequently mentioned her ex-girlfriend, said that she regretted marrying her husband and that she would have been happier if she had married her ex-girlfriend.
In this case, there is an incompatibility between the parties, which is of such a degree as to shake the common life from its foundations and which does not allow the continuation of the union. In the course of events, the defendant-plaintiff man is right to file a lawsuit. In that case, while the divorce case of the man should be accepted, it was not correct to dismiss the case with insufficient justification.
CONCLUSION:
It was unanimously decided that the appealed judgment shall be DISMISSED for the reason shown above, the other appellate objections of the plaintiff-defendant woman regarding the divorce lawsuit and the divorce’s accessories, which have become compulsory to be re-established according to the reason for the reversal, shall not be examined for the time being, the advance appeal fee shall be returned to the depositor upon request, and the way of correction of the decision shall be open within 15 days from the notification of this decision. 07.02.2018 (Wed.)
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