Court Rules Snoring Is Now a Cause for Divorce!
The Supreme Court of Appeals in Turkey has set a precedent with a ruling that affects millions of couples in the country. In a divorce case, the High Court deemed the husband, who subjected his wife to physical and psychological violence, as 'highly at fault' for not only his abusive behavior but also his excessive snoring and teeth grinding at night. Consequently, the court ruled in favor of the woman, granting her compensation.
They have been sleeping in separate beds for years due to the fact that they grind their teeth and snore at night.
The husband and wife, who applied to the Family Court, wanted to divorce by blaming each other. The plaintiff-defendant man alleged that his wife constantly caused arguments and unrest, associated with people he disapproved of, insulted and swore heavily at his family, behaved coldly in terms of sexuality, had completely separated their beds for the last 10 years, and they stayed in separate rooms.
He claimed that there was no relationship between the husband and wife, and due to the fundamental shaking of their marital union, they should divorce, the custody of the joint children should be given to him, and separate monthly alimony of 500 TL for the benefit of the children, and 100,000 TL material, 100,000 TL moral compensation should be decided.
The defendant-plaintiff woman, on the other hand, stated that the plaintiff insulted and applied violence, threatened, the cause of the incompatibility was the plaintiff, he snored at night and gritted his teeth in his sleep, so she only slept in a separate room at night. The woman, who stated that she had to leave the common house because she could not overcome the increasing physical and psychological violence, claimed that the claim that there was no husband and wife relationship was not true, and that the man had psychological problems and strongly refused to receive treatment and psychological support.
She requested a decision for separate monthly participation of 1,000 TL in favor of the children, monthly alimony of 2,500 TL, and poverty alimony, 100,000 TL material, 100,000 TL moral compensation.
Bad news from the Supreme Court for men who snore and grind their teeth in their sleep.
The Family Court, after scrutinizing the evidence and witness statements in the case file, delivered a noteworthy verdict. The court found the husband guilty of physically abusing his wife, issuing death threats, and constantly insulting her. However, it was emphasized that the wife's decision to sleep in a separate room was not arbitrary, but rather justified due to the husband's excessive snoring and teeth grinding during sleep.
Moreover, it was determined that the husband also gambled on horse races and consistently brought up past negative incidents, causing turmoil at home. The local court, finding no fault on the wife's part and declaring the husband to be 'fully at fault', rejected the husband's lawsuit while accepting the divorce petition filed by the wife. The court ruled in favor of the wife, ordering the payment of 40,000 TL in material compensation, 40,000 TL in moral compensation, and alimony.
Following the local court's decision, the husband appealed the case to the appellate court. The Regional Court of Justice rejected the appeal on substantive grounds. Consequently, the case was brought before the Court of Cassation's 2nd Civil Chamber for appeal review.
Upon examining the case, the Court of Cassation found the divorce decision and fault ratios to be appropriate, but deemed the awarded alimony and compensation amounts to be insufficient.
In the unanimous decision, it was stated that considering the parties' current social and economic situations, today's inflationary economic conditions, and the 'principle of fairness', a higher and more appropriate amount of alimony for impoverishment and compensation should be ruled in favor of the woman.
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