Reply Petition For Compensation
COURT OF FIRST INSTANCE
CASE NO :
DEFENDANT :
ATTORNEY :
THE PLAINTIFF :
ATTORNEY :
CASE : Compensation
SUBJECT : Our responses to the lawsuit petition dated ………… by the attorney of the plaintiff ……….
EXPLANATIONS
My client …………. Although he is a specialist physician and as a representative of an identity that protects both human relations and medical ethics in the context of human relations, the plaintiff has filed a lawsuit against my client for material and moral damages by claiming that he and his wife went to ………. to deceive him and that this deception exists with some documents; As the allegation is baseless, as we will explain below, there is no evidence to justify the compensation claim to be supported by documents, and in the light of our explanations below and the documents supporting these explanations, it will be seen that the compensation claim is unjust and unjustified.
Namely
1- In the petition of the plaintiff, as if in order for my client and his own wife to meet comfortably, ……. mentioned in the petition Although he stated that he went to …….. on the pretext of a match by providing a club membership and met his wife here;
As can be seen in the attached document, my client attended a medical congress organized earlier on the alleged ……… dates, and at the end of the congress, due to his passion for football, he booked a ticket and went to the match in question as a spectator. A document showing my client’s attendance to the relevant medical congress and that he attended on the specified dates has been submitted.
2- Although the plaintiff used a phrase in his petition as if his wife resides in Turkey, we think that it is natural for the plaintiff’s wife to show an address in the province of Izmir due to the fact that the plaintiff’s wife is a Turkish Citizen, since her parents reside in ……, according to what we have learned externally. This sentence has no defensible logic.
3- The fact that the plaintiff’s wife obtained a protection order during the marriage has nothing to do with my client. This issue is entirely related to the events that took place between the plaintiff and his wife. If the plaintiff’s wife has been subjected to any violence or psychological pressure from her husband, as the plaintiff has stated, there is also a divorce case filed on this issue. Apparently, the plaintiff’s wife felt the need for a protection order, so she applied to the Family Court and obtained such an order. This incident has nothing to do with the alleged action of my client.
4-We think that my client is claiming ……… TL ……… TL non-pecuniary ……… TL financial compensation from my client, claiming that he has suffered damage in terms of the deceived spouse according to the provisions of the Code of Obligations for breach of the obligation of fidelity, but we think that this demand does not find its equivalent in the law and its conditions have not been met.
5-My client ………. has never traveled to the country ……… throughout his life. As it can be understood from the document we have submitted on the alleged dates …….., he went to attend a medical congress. He made efforts in this regard, and despite the very difficult conditions imposed by the UK administration, especially in terms of visa, he obtained his visa due to being a physician and the medical congress and went to …….. for a period of (….) days. In the meantime, my client made a phone call with the plaintiff’s wife ……….., whom he had previously known within the humanitarian framework in order to visit and see historical places and football passion, especially in the context of where to visit and where to go in …………., how and where to go in ……….. in a short time and visited the relevant places in ……… with the direction of the plaintiff’s wife.
6 – Both in Civil Procedure and Criminal Procedure Law, the alleged issues must be proven with material, precise and convincing evidence. Where there is no evidence, material and moral damages cannot be awarded. In this respect, the issues in the plaintiff’s lawsuit petition have collapsed in the context of documents and do not even have a counterpart. There is no document, no photo image, no information or document obtained through communication that proves that my client and the plaintiff’s spouse stayed together in any accommodation facility.
On behalf of my client, we believe that the plaintiff has resorted to a slander and filed a lawsuit on this ground in order to justify himself and strengthen the divorce case he has filed in order to justify his restlessness and incompatibility with his wife. In addition, my client ………….. has never even been to the house where ………, the wife of the plaintiff, lives together and does not even know its location.
The allegations in question are based solely on interpretation, perhaps in the inner world of the plaintiff, in the context of such humanitarian aid (providing club membership and providing tickets), by subconsciously fictionalizing the humanitarian contribution provided by the plaintiff’s wife to my client, he has filed a lawsuit for damages by slandering my client without any basis by thinking that his wife has been unfaithful. (We also state that we reserve our right to file a lawsuit against the plaintiff as a result of the judicial process).
Whether the conditions for material and moral compensation have occurred or not, whether the plaintiff is entitled to compensation or not, we wish your Court to evaluate the documents that show the contrary of the alleged issues and to reach a conclusion in the light of these documents.
In particular, your Court is aware that a person has the “right not to be contaminated”, which is a universal rule of law, as in civil and criminal cases.
In this context;
As the distinguished jurist Sami Selçuk stated in one of his articles; (Milliyet Newspaper, 10.02.2009)
“… The self-respect and honor of the suspect must not be undermined. People suspected of crimes must not be hurt or stained. The (preliminary) investigation must never become a show of force.
…
Even being brought to an open trial, to a hearing, hurts people and damages their self-esteem. For this reason, some countries have adopted the right of appeal against the procedure (indictment or the decision to open a final investigation) that leads to a trial before an open trial. Of course, the fact that we do not have such a remedy cannot be an excuse for the damage to people’s self-esteem…
…
Moreover, the exercise of authority can be beautiful. It can also be ugly. The ugly should not be preferred to the beautiful. It can be moderate or strict, and the strict should not be chosen over the moderate. One should follow the principles that humanity has been experimenting with since Roman law. ‘Rigidity is very close to injustice and no one can be deprived of legal protection/justice’…”
Apart from the fact that there is no evidence for the plaintiff’s baseless statements about my client, it is understood that the plaintiff has resorted to this way to justify his incompatibility with his wife and the divorce case he has filed. Moreover, the marital relationship between the plaintiff and the defendant has ended and the plaintiff’s wife had a protection order taken against her long before the alleged incidents. My client’s acquaintance with the plaintiff’s wife is an acquaintance within human limits.
In support of our explanations, we present each document, which we have paraphrased below, for your Court’s appreciation and evaluation.
In this context
a-) “………..” A photocopy of the invitation for my client to attend the medical congress called “………. latest developments in cancers”, which proves the invitation regarding the medical congress on ………..
b-) A photocopy of the airplane ticket showing his travel to and from the congress on the dates in question.
c-) Reference information about the promotion in line with the purpose of the congress. The document is the document showing the program content and belongs to …………
d-) In the same way, following the date ………., my client attended the match ……………. played at ……… on the following day ……………., and due to my client’s passion for football, he wanted to go to the match to be played after the end of the congress days and in this context, since club membership is a requirement in order to make a reservation, the information section showing the Arsenal club membership (Matchn tickets) and the way the ticket was purchased. This document was taken from the club’s website ………. However, the document showing the club membership was torn and destroyed by the claimant.
The way in which this happened is as follows.
My client ………….. On one occasion, within the framework of human friendship, my client told the plaintiff’s wife that he would attend the medical congress on the aforementioned dates due to the fact that the plaintiff’s wife had lived in England for many years and knew this country very well, and at the end of the congress, he told the plaintiff’s wife that he wanted to attend the match in question, and provided tickets for this match, In other words, in order to make a reservation, he needed a membership, he asked her to help him in this framework, the plaintiff’s wife conveyed her wish to help him in a humanitarian framework, and when he took care of the Arsenal club membership, the plaintiff’s wife left her house in London and … … came to Turkey for a day due to his parents being in ……, in the meantime, the plaintiff’s wife, who was ready to leave the house because her tickets were left in her house in England, saw the ticket and the card showing the club membership and tore and destroyed the ticket and the club membership card when she and her cousin emptied all the belongings of the house and left the house.
After the plaintiff’s wife returned to ………, she saw that the belongings had been taken away, that her husband had left the house, that the house had been left in disarray and that the club membership card and the ticket she had bought for the defendant had been torn, and because of this picture she had seen, the plaintiff’s wife applied to the police and applied for the purpose of identification because the house had been emptied.
While this was the case, my client ………… went to the stadium where the match was played again with the idea that maybe he could go to the match, and although they told him that he did not have a membership card and therefore could not enter the match, and that he did not even have a ticket, in the meantime, my client explained his desire to attend the match by explaining that he spoke English in a way to express himself and that he was a physician and came from abroad, the officials here showed tolerance and gave my client the opportunity to watch the match by letting him into the stadium not where the normal spectators came, but where the football players entered.
In the context of the documents, my client’s participation and invitation to the congress in question was made by the pharmaceutical company ……… and the invitation letter written in Turkish was presented.
In addition, the document titled ………, which shows the cost of accommodation, congress attendance and flight tickets between the dates ………., and the document showing that the room and breakfast were paid were also submitted separately.
A document showing the flight times of my client’s departure and return,
Document showing that the payments have been covered by ………..,
Again, a document titled “Prea Pait Accommodation” was submitted showing that the reservation had been made and payments had been made.
The document showing the hotel location and also the document showing that my client stayed at the hotel,
Conclusion and request; For the reasons explained above;
Since there is no evidence supporting and documenting the matters claimed by the plaintiff, I request that the lawsuit be dismissed and the judicial expenses and attorney’s fee be decided to be left on the plaintiff.
I would like to submit this request. Sincerely yours,
Counsel for the Respondent
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