Av. Ayşe Özge ÖZKURT

Are Bad Breath and Body Odors a Reason for Divorce?

Is Bad Breath and Body Odor a Ground for Divorce?

“Bad breath and body odor, by themselves, are not a ground for divorce.”

In a divorce suit filed by the husband‑plaintiff on the basis that his wife’s body and oral odor had become intolerable for him, the decision of the local court was appealed.

The Court of Cassation, 2nd Civil Chamber, held that:

“Whether the alleged condition actually exists, whether it can be treated, and whether the spouse has refused or avoided treatment must be determined by a medical board composed of expert physicians. Only after such an expert report is obtained can the court decide whether the condition makes the marriage unbearable for the plaintiff husband.”

Accordingly, the Chamber ruled that bad breath and body odor are not per se a ground for divorce and ordered the reversal of the lower court’s judgment.

The reasoning emphasized that a judgment rendered solely on the basis of an incomplete examination—without first conducting the expert assessment outlined above—cannot be considered proper. Therefore, the case must be re‑examined, taking into account the expert report together with any other evidence, before a final decision is made. The failure to do so constituted a procedural and legal error, justifying the overturning of the original decision.

Court of Cassation, 2nd Civil Chamber, Decision No. 2004/477 E., Appeal No. 2004/1542 K., 12 February 2004.