The Spouse Who Is Not With His/Her Spouse During Pregnancy And Labour Is Fully At Fault
The spouse who does not take care of his/her spouse and who is not with his/her spouse during pregnancy and childbirth is considered to be fully at fault. You can examine the Sample Court of Cassation Decision.
2nd Civil Chamber
Principal Number: 2020/1277
Decision Number 2020/2521
“Case Law Text”
COURT : Istanbul Regional Court of Justice 11th Civil Chamber
TYPE OF CASE : Divorce
At the end of the trial of the case between the parties, the judgement given by the Civil Chamber of the Regional Court of Justice, dated and numbered above, was appealed by the plaintiff woman in terms of the rejection of the claim for non-pecuniary damages and the amount of pecuniary damages, and the documents were read and discussed accordingly:
1-According to the writings in the file, the evidence on which the judgement is based and the reasons in accordance with the law, and especially since there is no mistake in the appreciation of the evidence, the appellate objections of the plaintiff woman other than the scope of the following paragraph are unwarranted.
2-The man who “did not take care of his wife, was not with his wife during pregnancy and childbirth, spent most of his time at work and with his friends, did not come home until late hours, did not let his wife and mother-in-law into the house, did not come home afterwards and did not want to come home, and did not accompany his wife even on special occasions”, which was determined by the court and accepted by the regional court of justice, is fully at fault in the events that caused the divorce, and these defective behaviours also constitute an attack on the personal rights of the plaintiff woman.
Considering the severity of the fault, the economic and social status of the parties and the rules of equity, it is necessary to award moral compensation in accordance with Article 174/2 of the Turkish Civil Code in favour of the woman, while the rejection of the request for moral compensation as written is not correct and required a reversal.
CONCLUSION:
It was unanimously decided that the decision of the regional court of appeal be REMOVED for the reason shown in subparagraph 2 above, the decision of the court of first instance be REVERSED, the other parts subject to appeal outside the scope of reversal be APPROVED for the reason shown in subparagraph l. above, the pre-appeal fee be returned to the depositor upon request, the file be sent to the court of first instance, a copy of the decision be sent to the relevant regional court of appeal law department. 03.06.2020 (Wed.)
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