T.C
SUPREME
2. law office
BASE NO:2016/16526
DECISION NO:2018/5328
DATE OF DECISION:19.04.2018
COURT :Family Court
TYPE OF CASE :Mutual Divorce
>A MUTUAL DIVORCE CASE IS A PARTNER WHO SAYS THAT HE DOES NOT WANT HIS PARTNER IN HIS PRIVATE LIFE AND DOES NOT WANT TO BE TOGETHER SEXUALLY IS SEVERELY FLAWED
ABSTRACT: Although the parties were considered equally defective by the court and the divorce was decided; From the trial and the evidence collected, it is understood that the plaintiff-defendant man said that he ‘did not want his wife in his private life and did not want to be together sexually” in addition to the defective behavior accepted and realized by the court. In the event that causes a divorce in the face of this situation, it is necessary to accept that the defendant-counter plaintiff man is severely defective. Without this consideration, the acceptance of the parties as equally defective has not been correct.
Made between the parties of the case at the end of the code number shown above is given by the local court dates and the provision of the plaintiff-the defendant accepted by men against the case of the woman, the defect to determine alimony and compensation in terms of claims denied; defendant-plaintiff adopted by a woman against a man in the case of denied claims and determine the defect in terms of appeal, although it was thought that discussed the need to read the paperwork:
1- According to the articles in the file, the evidence on which the decision is based, the reasons appropriate to the law, and in particular, there is no inaccuracy in the discretion of the evidence, all appeals by the plaintiff-defendant man and the defendant-counter plaintiff woman that fall outside the scope of the following paragraphs are inappropriate.
2-Although the parties were considered equally defective by the court and the divorce was decided; From the trial and the evidence collected, it is understood that the plaintiff-defendant man said that he ‘does not want his wife in his private life and does not want to be together sexually” in addition to the defective behavior accepted and realized by the court. In the event that causes a divorce in the face of this situation, it is necessary to accept that the defendant-counter plaintiff man is severely defective. Without this consideration, the acceptance of the parties as equally defective has not been correct.
3-Above 2. as explained in the paragraph, in cases that lead to divorce, the plaintiff and the defendant man are severely defective, and these defective behaviors are also an attack on the woman’s personality rights. TMK m for the benefit of women. l74/l-2 conditions have been formed. As such, depending on the fact that the parties are considered equally defective and determine this erroneous defect, the defendant-counter-plaintiff woman will receive material and non-pecuniary compensation (TMK m. 174/1-2) the rejection of their requests was not considered correct and required disruption.
CONCLUSION: The above-mentioned provision of the appeal 2. and 3. for the reasons shown in the paragraphs, the other parts of the appeal subject to DETERIORATION that are outside the scope of the violation are listed above 1. approval for the reason shown in the paragraph, loading the fee written below into …, deducting the advance fee and 143.50 TL. since the appeal application fee was received in advance, there was no other place to receive the fee, the appeal advance fee was returned to Muruvet, who deposited it on request, it was decided unanimously to correct the decision within 15 days of the notification of this decision, so that the way to correct the decision was open. 19.04.2018
