- Law Department Article No:2015/19054
Decision No :2016/11164 Decision Date: 06.06.2016
The Decision of the Supreme Court
COURT :Family Court
TYPE OF CASE : Divorce
At the end of the deceditation of mutual divorce cases between the parties, the local court shall
the judgment given, the date and number of which are shown above, is the determination of a defect by the defendant male,
compensation and alimony were appealed in terms of, the documents were read and discussed as necessary and considered:
1-The articles in the file, the evidence on which the decision is based, and the reasons in accordance with the law, and in particular the evidence
according to the absence of any wrongdoing in his discretion, the defendant’s man is excluded from the scope of the following paragraph
appeals are groundless.
2-Shaking of the marriage union of the parties by the court in accordance with Article 166/1 of the Turkish Civil Code
it has been decided that they will divorce due to legal reasons. The defendant used physical violence on the man’s wife
although moral compensation has been decided for the benefit of the plaintiff woman on the grounds; The investigation and
after the case of physical violence from the collected evidence, the parties came together and continued the marriage union
they made it so that the plaintiff woman forgives the defendant for this incident, at least tolerates it
it is understood. Although there is another material incident that is an attack on the plaintiff’s personal rights
it could not be proven. In this case, the plaintiff must pay the woman non-pecuniary damages (TMK m. 174/2) refusal of the request
however, its acceptance was not found to be correct.
CONCLUSION: The above-mentioned provision of the appeal 2. in terms of non-pecuniary compensation for the reason shown in the paragraph
DETERIORATION, while the parts that are outside the scope of deterioration are 1. for the reason shown in the paragraph
APPROVAL, return of the advance fee of the appeal to the depositor upon request, notification of this decision
within 15 days from the decision it was decided unanimously that the way of correction will be clear.