Alimony, Removal of Precautionary Alimony Relative Fee Obligation Supreme Court Decision

T.C
SUPREME
2. law office
MAIN NUMBER:2016/16661
DECISION NO:2018/5566
DECISION DATE: 25.04.2018
COURT : Family Court
TYPE OF CASE : Divorce- Removal of Precautionary Alimony

>>THE REMOVAL OF THE PRECAUTIONARY ALIMONY IS NOT AN October OF THE DIVORCE AND IS SUBJECT TO A RELATIVE FEE. CORRESPONDING OPERATIONS CANNOT BE PERFORMED WITHOUT HAVING THE RELATIVE FEE COMPLETED.

SUMMARY: The claimant man’s request for the removal of the precautionary alimony is not an October of the divorce and is subject to a relative fee. Due to this request, no relative fee was charged during the opening of the case, and this deficiency was not corrected during the trial. Subsequent operations cannot be performed without completing the relative fee. The court granted the plaintiff male a period of time for the replenishment of the relative fee (Law on Fees m. 30-32) if the shortage of fees is eliminated, the merits of this request should be examined and a positive or negative decision should be made according to the result to be obtained, and if the fee is not replenished, Article 30 of the Law on Fees. while it is necessary to take action in accordance with the article, it is not considered correct to establish a written judgment without taking into account the specified issues.

At the end of the trial between the parties, the verdict given by the local court, the date and number of which are shown above, was appealed by the plaintiff male, the documents were read and Decisively discussed and considered:

1-By the Court; abstract statement of this witness, are statements that do not specify the time and place has not enough quality to decide whether the plaintiff presented by the parties held in solution in a sound recording and Electronic Media, Photography, Film, Video, or audio recording data and other information, such as carriers, however, if they are supported by other evidence, as evidence that the provision can prevail, electronic data up to degree and shake the foundations of the common life between parties outside the union, allowing for the continuation of the adoption of which will not leave a difficult conducive to serious reasons and evidence not being able to identify the plaintiff’s case were dismissed on the grounds that conclusion cannot be reached; and the trial of the evidence; female behavior were understood to be unnerving. In this case, the plaintiff male is right to file a lawsuit. The rejection of the case without taking into account this issue was not correct and required an annulment.

2-The plaintiff male; has requested the removal of the precautionary alimony in the lawsuit petition. The application fee received during the opening of the lawsuit covers all the requests in the lawsuit petition. The claimant man’s request for the removal of precautionary alimony is an October of the divorce
if not, it is subject to relative expenditure. Due to this request, no relative fee was charged during the opening of the case, and this deficiency was not corrected during the trial. Subsequent operations cannot be performed without completing the relative fee. According to the court, the relative fee to the plaintiff male
giving time for replenishment (Law on Fees m. 30-32) if the shortage of fees is eliminated, the merits of this request should be examined and a positive or negative decision should be made according to the result to be obtained, and if the fee is not replenished, Article 30 of the Law on Fees. while it is necessary to take action in accordance with the article, it is not considered correct to establish a written judgment without taking into account the specified issues.

CONCLUSION: The above of the appealed judgment is 1. and 2. it was unanimously decided to overturn it for the reasons indicated in the paragraphs, to return the appeal advance fee to the depositor upon request, so that the way to correct the decision is open within 15 days from the notification of this decision. 25.04.2018

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