Remarkable 'Equal Fault' Decision from the Supreme Court in the Divorce Case

The "equal fault" decision given by the Supreme Court in a divorce case in Izmir attracted attention.

In the file, mutual behaviors, including the man removing his wife from the house and changing the door lock, and the woman disturbing the household by cleaning at night, were subject to fault evaluation.

According to Sabah's news, in the case file; It was stated that the man acted indifferently towards his wife and children, drove the woman away from the house and changed the door lock of the house.

Allegations that the woman cursed her husband and children, insulted her husband's relatives by spitting in their faces, and disturbed the household by cleaning at night were included in the file.

THE FIRST COURT SAID 'EQUAL FAULT'

Izmir 5th Family Court, which handled the case, evaluated the actions of the parties and deemed both spouses equally at fault.

After the decision was taken to appeal, the Regional Court of Justice made a different assessment. The court of appeal described the man's actions as "serious fault" and the woman's actions as "minor fault".

In line with this evaluation, material and moral compensation was awarded in favor of the woman.

THE COURT OF COURT REVERSED THE COMPENSATION DECISION

The Supreme Court, which reviewed the appeal of the file, overturned the decision of the Regional Court of Justice.

The Supreme Court evaluated the actions reflected in the file together and ruled that both parties were equally at fault in damaging the marriage union.

The claim for compensation was rejected on the grounds that pecuniary and moral compensation could not be awarded in favor of the equally faulty spouse.