Syrian man’s second marriage annulled

ISTANBUL

In a precedent decision, the Supreme Court has upheld the decision that annulled the second marriage of a Syrian man living in Istanbul with two wives.

Bashar Daboul, who fled Syria due to the civil war and settled in Istanbul with his two wives and children, started a business and became a Turkish citizen after his application was accepted.

Upon the move of the Bakırköy Chief Public Prosecutor’s Office on the grounds that Daboul had two wives, a lawsuit was filed for “annulment of marriage” based on the Turkish Civil Code. The court of first instance decided to annul his second marriage in accordance with the relevant provision of the law.

An Istanbul court of appeal, which examined the file as a court of appeal, also upheld the decision. After Daboul appealed, the Supreme Court rejected it by a majority of votes and upheld the verdict.

Judge Çetin Durak, who voted against, pointed out that while the parties made marriage contracts when they were Syrian citizens according to the national law they were subject to.

“There is no legal regulation in the Turkish legislation regarding the annulment of a legally valid marriage made in accordance with its national laws, due to nullity,” Durak said.

If it is claimed that the second marriage of the defendants is against the Turkish public order, this case should be considered as a case for the “correction of the civil registration” in the civil court of first instance, according to the general provisions, the judge added.