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Türkiye court: Sending heart emojis to celebrities does not undermine marital trust
Türkiye’s Court of Cassation ruled that heart emojis a wife sent to celebrities and bloggers do not, by themselves, constitute conduct that undermines marital trust. The court found the husband, who called his wife “ugly,” more at fault.
The Second Civil Chamber of Türkiye’s Court of Cassation issued a ruling in a divorce case from Elazığ that could serve as a precedent for courts across the country. The court said heart emojis sent to celebrities or bloggers express sympathy and approval and, by themselves, do not undermine marital trust.
The court of first instance in Elazığ found that the woman had undermined her husband’s trust by sending heart emojis to a doctor and blogger who was well known online. It also found the husband at fault because he pressured his wife out of jealousy and humiliated her by calling her “ugly.” The court assigned equal blame to both spouses and granted the divorce.
The Diyarbakır appeals court changed the allocation of blame, ruling that the woman had engaged in unacceptable conduct toward three men and finding her more at fault. The woman appealed the decision.
The Court of Cassation unanimously overturned the appeals court’s ruling. It classified the audio recordings submitted by the husband as covert recordings of conversations obtained unlawfully and found no clear evidence in the messages that marital trust had been undermined. The court placed primary blame on the husband because of his psychological pressure and humiliating treatment, and sent the case back to the appeals court for a new ruling.
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