‘Inappropriate’ social media posts grounds for divorce: Court of Cassation
The Court of Cassation has ruled in an unprecedented decision that a married woman’s social media posts showing photos of her while intoxicated on various social sites, such as Facebook and Twitter, was a “violation” of her husband’s personal rights and was therefore grounds for divorce and compensation.
The court’s ruling came after a married couple in Ankara mutually filed for divorce with a local family court. The couple blamed each other for the failure of their marriage. The husband, who claimed his wife had been drinking alcohol with other men and posting these photos on social media sites, demanded compensation for the damage to his reputation and honor.
The family court listened to both sides and ruled they were both equally at fault, as the husband had also neglected his duties towards his wife, and therefore rejected his demand for compensation.
The husband, appealed the family court’s decision and applied to the Court of Cassation, the court of final appeal for civil and criminal matters. The second civil chamber of the higher court found the husband’s demand for compensation just, overturning the local court’s decision.
“It should be accepted that the defendant [the wife], who has shared inappropriate posts on social media, is at greater fault than the prosecutor. The nature of the defendant’s behaviors are an infringement upon the prosecutor’s personal rights … When the economic and social situation are taken into account, as well as the action’s significance and principles of equity, monetary and spiritual damages should be ruled in favor of the prosecutor,” the Court of Cassation said.
The court “has unanimously voted for the reversal of the decision by [the family court],” it said.