2. Legal Department
Base Number: 2015/8680
Decision Number: 2016/178
“Case Law Text”
Court : First Instance Law (Family) Court
At the end of the reasoning of the case between the parties, the provision given by the Local Court, the date and number shown above, was appealed by the plaintiff-Counter-Defendant male for both cases; the appeal review was requested to be held at a hearing; the plaintiff-defendant who appealed on 11.01.2016 Dec. At……..ve counterparty defendant-plaintiff….. deputy At….. they arrived. After hearing the speech of the arrivals, it was considered appropriate to leave the work after the hearing to be examined and decided. All the papers in the file were read and discussed and considered today:
1-file needed legal reasons and the decision is based on the posts of a particular person in the village with the evidence profile evidence of the sheer number of friends on Facebook Live and this person cannot be considered as being unfaithful, as the plaintiff that wouldn’t qualify as unnerving behavior-conduct that is disloyal man can not be proven against the defendant, however, the woman is forced to live with her parents, IVF treatment in non help his wife, the plaintiff-countersuit man’s appeal, which falls outside the scope of the following paragraphs, is unwarranted, since it is understood that the plaintiff-countersuit man’s appeal, which causes the actual separation by saying that I am the case, is completely flawed in the events that lead to the divorce.
2-the purpose of moral compensation in divorce is to compensate for the deteriorating spiritual balance of the party whose right to personality is attacked due to the events that lead to divorce, to meet the decrease in their spiritual values. For him, a reasonable ratio must be found between the verb that violates the rights of decency and the amount of compensation. The appreciation of moral compensation, which has consequences that will lead to the enrichment of one party, deflects the institution from its purpose. The judge in determining the amount of compensation, the injured party personality rights on the one hand, economic and social status and the degree of the defect in the divorce and whether there is a defect, if any, on the actual weight; on the other hand, the attack of the flaw in the degree of individual rights, one must consider the economic and social status. Considering the principles described, the amount of non-pecuniary compensation appreciated for the benefit of the defendant-counter-plaintiff woman was found not to be in accordance with the principle of moderation. 4 Of The Turkish Civil Code. considering the principle of fairness contained in the article, it was not correct to establish a provision in writing, while a more appropriate amount of compensation was required.
3-divorce cases are cases subject to the victim’s decision and declaration fees. Material and moral compensation and alimony, which are reasons of Divorce, Do not need to be charged separately for the requested amount if requested together with the divorce proceedings. In accordance with the tariff in effect at the date of the court decision and the decision taken is to be decided where the writ fixed fee, considering the amount of compensation received under the provision, the relative fee isabetsiz decision and the writ is.
Conclusion: 2 above the appellant provision. and 3. other parts of the appeal that fall outside the scope of the provision are subject to violation for the reasons shown in the paragraphs l above. for the reason shown in the bent, the reason for the divorce provision to be approved by changing, the surrogacy fee of 1.350.00 TL, which is appreciated for the trial ….it was unanimously decided that the appeal fee should be returned to the Depositor upon request, with the path to correction of the decision open within 15 days from the notification of this decision.11.01.2016 (Mon.)