Court Rules Smelly Husband Fully at Fault in Divorce
The Supreme Court of Appeals in Turkey has delivered bad news for spouses who reek of sweat. The Second Civil Chamber of the Supreme Court ruled that a spouse who neglects personal hygiene, ignores their partner's repeated warnings to shower regularly, and emits a level of body odour that causes discomfort to those around them, will be deemed 'entirely at fault' in divorce proceedings.
The woman who filed for divorce claimed that despite her warnings, her husband did not bathe and reeked of sweat.
The legal proceedings were initiated when a woman named B.D. filed a case in the Family Court, alleging that her husband, S.D., had failed to fulfill his marital obligations. In her lawsuit, the young woman claimed that her husband was constantly subjecting her to psychological and verbal abuse. She also stated that he had given a spare key to their shared home to his family, who would come and make renovations without her knowledge. In addition to these, the defendant was accused of neglecting the emotional and social responsibilities of marriage. Most notably, despite repeated warnings, he was reported to constantly smell of sweat due to his refusal to bathe and maintain personal hygiene. The woman sought custody of their joint child, alimony, and a total of 400,000 TL in material and moral damages.
Bad news from the Supreme Court for the husband who smells of sweat.
In his defense at the court, the defendant husband S.D. denied all allegations against him. Claiming that the incidents were ordinary disputes that could occur in any family, he argued that the accusations were distorted and expressed his desire to continue his marriage, requesting the lawsuit to be dismissed. The local Family Court, after conducting a trial and gathering evidence, determined that the husband did not pay attention to his personal hygiene, avoided communicating with his wife, and expelled her from the house during a dispute. The court, finding the husband entirely at fault, granted a divorce and ruled in favor of the wife, awarding her a total of 40,000 TL in compensation and child support. Upon the affirmation of the decision by the Regional Court of Justice during the appeal stage, the case was taken to the Supreme Court.
The Supreme Court's 2nd Civil Chamber, emphasizing the husband's persistent violation of cleanliness rules, overturned the decision on the grounds that the awarded compensation was insufficient. In the retrial, taking into account the destructive impact of the husband's personal neglect on the marriage, the Family Court ruled that a total of 360,000 TL, 180,000 TL for material and 180,000 TL for moral damages, should be paid in favor of the wife. The Supreme Court, seeing no inaccuracy in the evaluation of the evidence in the final appeal review, ultimately affirmed this decision.
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