2. Legal Department
Base Number: 2020/1277
Decision Number: 2020/2521
“Case Law Text”
Court: Istanbul District Court 11. Legal Department
Case type: divorce
At the end of the reasoning of the case between the parties, the provision given by the legal department of the District Court Court, the date and number shown above, was appealed by the plaintiff in terms of the rejection of the request for moral compensation and the amount of material compensation, the documents were read and discussed decisively:
1-according to the articles in the file, the evidence on which the decision is based, and the reasons in accordance with the law, and in particular, there is no error in the evaluation of the evidence, the appeals of the plaintiff woman that fall outside the scope of the following codes are unwarranted.
2-a man who “is not interested in his wife, is not near his wife during pregnancy and childbirth, spends most of his time at work and with friends, does not come home late, does not take his wife and mother-in-law home, and then does not come home and does not want to come, is not near his wife even on special days“, determined by the court and also accepted by the District Court, is completely defective in the events that lead to divorce, and these defective behaviors also constitute an attack on the personality rights of the plaintiff woman. 174/2 of the Turkish Civil Code for the benefit of women, taking into account the economic and social status of the parties and the rules of Justice. in accordance with the article, moral compensation should be ruled, while the refusal of the request for moral compensation in writing is not correct, it required violation.
Result: 2 above. for the reason shown in the paragraph, the decision of the District Court of justice was lifted, the decision of the court of First Instance was overturned, and other parts of the appeal that are outside the scope of the violation were above. it was unanimously decided to approve the reason shown in the code, to return the appellate advance fee to the Depositor on request, to send the file to the court of First Instance, and to send a sample of the decision to the legal department of the relevant District Court. 03.06.2020 (Wed.)