PRECEDENT-SETTING RULING FROM THE SUPREME COURT: ACCEPTING FLOWERS CONSTITUTES FORGIVENESS OF A SPOUSE
PRECEDENT-SETTING SUPREME COURT RULING ON A WOMAN ACCEPTING FLOWERS AS FORGIVENESS OF HER HUSBAND
This week, I will attempt to explain to you, my valued readers, a precedent-setting ruling by the 2nd Civil Chamber of the Supreme Court, which stands out as one of the most intriguing cases in family law, along with examples.
A new case has been added to the family law matters that we have been encountering very frequently recently. There is an important ruling by the Supreme Court regarding family law, which characterizes the act of a husband buying flowers for his wife within the marital union and the wife accepting these flowers as behavior indicating that she has forgiven him.
In a divorce case filed at the Istanbul 2nd Family Court, the marriage of a woman who met her husband online ended with an interesting Supreme Court decision.
The couple, who decided to divorce after financial and personal disagreements, were divorced by the 2nd Family Court, taking into account the psychologist's report and witness testimonies. While custody of the couple's children was granted to the mother, the woman was awarded 250 liras in alimony and 4,000 liras in compensation. However, the defendant husband appealed the decision.
The Supreme Court's 2nd Civil Chamber, which heard the appeal, overturned the divorce decree. The ruling stated that the couple had reconciled and come together on February 14, 2009, that for a divorce decision, it must be proven that the common life has been fundamentally shaken, and that a divorce decision cannot be made based solely on witness testimonies.
The court insisted on its divorce decision, stating, "Other than the testimony of a defendant witness that the husband greeted his wife with flowers on Valentine's Day, there is no evidence that their relationship had improved."
Upon this, the Supreme Court General Assembly of Civil Chambers overturned the resistance ruling by a majority vote. The General Assembly also ruled that a woman who accepts flowers is considered to have forgiven her husband, and that witness testimonies are not sufficient for a divorce decision.