Not having sexual intercourse was considered a reason for ‘divorce’

Living in Gaziantep, HK married DNK, a teacher like him, in July 2018. HK filed for divorce on the grounds that he could not have sexual intercourse with his wife, even though a certain period of time had passed since their marriage. At the hearing of the case at the Gaziantep 5th Family Court, HK said that they did not have sexual intercourse because his wife did not want to, and that their marriage could not progress because of this.

Stating that his wife did not give him a valid reason in this regard, HK demanded that their marriage be terminated.

‘WE DID NOT EVEN BE TOGETHER IN HONEYMOON’

HK’s mother KK, who was heard as a witness in the court, stated that her son and bride went on their honeymoon after the wedding.“When I returned from my honeymoon, my bride said she wanted to go to her family. When I realized that there was a problem between them, I talked to my son. My son also told me that they did not have sexual intercourse. We loved our bride very much. We took her to the doctor for psychological treatment. We went to another doctor in Gaziantep on recommendations. He went once, but he didn’t go later, he didn’t follow his advice either. They were like friends with my son. They didn’t look like they were married.” said.

‘THEY WERE STAYING IN SEPARATE ROOMS’

HK’s sister GT, on the other hand, stated that she did not witness any fights or arguments during their marriage. “Since the beginning of 2020, my brother and aunt began to live separately. I did not witness any fights. However, I learned from my brother that they did not have sexual intercourse. I went to their house once, and I witnessed that they stayed in separate rooms.” he said.

WOMAN CONSIDERED FULL FAULT

The court board requested a report from both spouses to determine whether there is a health problem that prevents sexual intercourse. DNK did not comply with the decision, although a warning invitation was issued by the court to apply to the health institution. It was determined that HK did not have any defect in his medical report.

While DNK did not attend the hearings, the court decided that the woman, who did not have sexual intercourse, was completely faulty and decided to divorce the couple.

In the court decision; “Despite being married, it was understood that the parties could not have sexual intercourse as husband and wife, the defendant did not show the determination to continue the treatment, and as a result of the negotiation written by the court, it was understood that the plaintiff did not have a problem physically and psychologically preventing sexual intercourse. When the court committee evaluated the issues together, the parties were husband and wife. It was concluded and concluded that a healthy sexual life could not be established by virtue of being a woman, and that the defendant woman, who did not make the necessary effort in treatment, was at fault, and that the foundation of the marriage union between the parties was shaken as a result of the behavior of the defendant woman, and it was decided to divorce the parties. it was said.

‘ONE OF THE OBLIGATIONS OF MARRIAGE IS SEXUAL TOGETHER’

HK’s lawyer Aziz Cihan Kaçıran said that one of the obligations of marriage to spouses is sexual intercourse. The kidnapper said that it was documented by hospital reports that there was no obstacle for the male side to have sexual intercourse in any way.

In the witness statements, it was determined that the defendant wife avoided sexual intercourse, Kaçıran said, “The court decided that the absence of sexual intercourse was arbitrary in the face of the absence of any obstacles and decided to divorce. Since our male client did not have any claim for compensation in this regard, no decision was made in the direction of compensation. If he had requested it, he would have created non-pecuniary damages since sexual intercourse did not occur in approximately 3 years of marriage. However, the court did not make a decision on this issue as it was bound by the request. said.


Source: Cumhuriyet Gazetesi – Gündem by www.cumhuriyet.com.tr.

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