Background

A woman filed a case against her husband requesting that the court dismiss an obedience warning that had been issued against her. The woman stated that her husband physically and verbally abused her and that her housing was unsuitable. She subsequently requested that the court grant her a divorce.

The court rejected the case for not being filed correctly.

The woman appealed and the appeal court upheld the ruling.

The woman appealed by cassation.

Decision

Before the cassation court, the woman argued that the ruling had erred in the application of law as the court had rejected her case as she had amended her request giving up her original request, but she should have been allowed to include the request for divorce.

The court held that this argument was valid as the woman had complied with Article 11 of Ministerial Decree No. 25/1929 which stipulates that a request for divorce can be included in a claim for the dismissal of an obedience warning.

The court therefore repealed the ruling.