Precedent decision from the Supreme Court in the divorce case: Is sending heart emoji a reason for divorce?
In a divorce case in Elazığ, the Court of Cassation ruled that heart emojis sent on social media cannot be considered trust-shaking behavior on their own.
Quick Look
- In a divorce case in Elazığ, the 2nd Civil Chamber of the Supreme Court of Appeals decided that the heart emojis sent to the influencer on social media could not constitute trustworthy behavior on their own.
- The husband who humiliated his wife was found seriously at fault.
AI-generated summary
Why It Matters
The local court in Elazığ had found both parties equally at fault, while the regional appellate court had found the wife heavily at fault. The case was taken to the Court of Cassation upon appeal.
Heart and like emojis sent via social media became a subject of dispute in a divorce case of a couple in Elazığ. The local court considered the woman's act of sending a heart emoji to a doctor and a social media influencer, along with her attention-seeking behavior, as behavior that shook marital trust.
According to a report by Türkiye Gazetesi, the court determined that the husband, on the other hand, exerted pressure on his wife due to excessive jealousy, humiliated her by calling her "ugly," and used words that hurt her feminine dignity. Finding both parties equally at fault, the court ruled for their divorce.
APPELLATE COURT FOUND THE WIFE HEAVILY AT FAULT
According to a report by Sabah, after the ruling was appealed to the regional appellate court, the 2nd Civil Chamber of the Diyarbakır Regional Court of Justice reviewed the file and altered the local court's fault assessment.
The appellate court evaluated that the woman engaged in behavior that shook trust with three different men, thereby finding the wife heavily at fault and the husband slightly at fault.
Upon this, the woman appealed the decision and carried the case to the Court of Cassation.
COURT OF CASSATION: HEART EMOJI ALONE IS NOT A BEHAVIOR THAT SHAKES TRUST
Completing its appellate review, the 2nd Civil Chamber of the Court of Cassation found the appellate court's fault determination unlawful and unanimously overturned the decision.
The Court of Cassation stated that heart and like emojis sent to public figures or influencers on social media may be expressions of sympathy and appreciation, and such interactions cannot be considered on their own as behavior that undermines marital union by shaking trust.
The ruling also pointed out that the audio recordings submitted by the husband as evidence were obtained unlawfully through ambient listening. It was emphasized that the messages in the file were not sufficient to prove behavior that shook trust.
HUSBAND WHO TOLD HIS WIFE "YOU ARE UGLY" FOUND HEAVILY AT FAULT
The Court of Cassation considered the husband's excessive jealousy, psychological pressure, and humiliating remarks toward his wife as heavy fault regarding the events leading to the divorce.
The husband telling his wife "You are ugly" and using expressions that hurt her feminine dignity were also taken into account in the fault assessment.
The High Court overturned the appellate court's decision and sent the file back to the Diyarbakır Regional Court of Justice for re-evaluation.
Open Questions
- What kind of decision will the Diyarbakır Regional Court of Justice give in the retrial?
