The 2nd Civil Chamber of the Court of Cassation ruled that, in order for pecuniary and non-pecuniary compensation to be awarded on grounds of divorce, the spouse claiming compensation must be free of fault or less at fault than the other spouse, and that where the parties are found to be equally at fault, compensation (TMK m.174/1-2) cannot be awarded in favor of the equally at-fault spouse. The judgment awarding compensation in favor of the wife, based on the husband having been erroneously deemed severely at fault, was reversed on this ground.
