Divorce, Saying that You Do Not Want Your Spouse in Your Private Life is a Grave Defect Supreme Court Decision

T.C
SUPREME
2. law office
MAIN NUMBER:2016/16526
DECISION NO:2018/5328
DECISION DATE: 19.04.2018
COURT : Family Court
TYPE OF CASE : Mutual Divorce

>MUTUAL DIVORCE CASE, THE SPOUSE WHO SAYS THAT HE DOES NOT WANT HIS WIFE IN HIS PRIVATE LIFE AND DOES NOT WANT TO BE TOGETHER IN A SEXUAL SENSE IS SERIOUSLY FLAWED

SUMMARY: Although the divorce was decided by the court by considering the parties equally flawed, it is understood from the trial and the evidence collected that the plaintiff-defendant man, in addition to the flawed behavior accepted and realized by the court, ‘said that he does not want his wife in his private life and does not want to be together sexually”. In the face of this situation that has taken place, it is necessary to admit that the defendant-counter plaintiff male is seriously flawed in the events that cause divorce. It has not been right to accept the parties as equally flawed without considering this issue.

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 reasons in accordance with the law with the evidence on which the decision is based, and especially that there is no error in the evaluation of the evidence, all the appeals of the plaintiff-counter-defendant man and the defendant-counter-plaintiff woman, which are outside the scope of the following paragraphs, are groundless.

2-Although the divorce was decided by the court by considering the parties equally defective; It is understood from the trial and the evidence collected that the plaintiff-defendant man said that he did not want his wife in his private life and said that he did not want to be together sexually, in addition to the defective behavior accepted and realized by the court. In the face of this situation that has taken place, it is necessary to admit that the defendant-counter plaintiff male is seriously flawed in the events that cause divorce. It has not been right to accept the parties as equally flawed without considering this issue.

3-Above 2. as explained in the paragraph, in the cases that cause divorce, the plaintiff and the defendant are seriously flawed, and these flawed behaviors also constitute an attack on the woman’s personal rights. For the benefit of women TMK m. l74/l-2 conditions have been formed. However, depending on the acceptance of the parties as equally defective and the determination of this erroneous defect, the defendant-counter plaintiff woman’s material and moral compensation (TMK m. 174/1-2) the rejection of their requests was not considered correct and required disruption.

CONCLUSION: The above of the appealed judgment 2. and 3. for the reasons shown in the paragraphs, the other parts of the appeal subject to deterioration, which are outside the scope of deterioration, are 1 above. to be APPROVED for the reason shown in the paragraph, to load the fee written below to …, to deduct the advance fee and 143.50 TL. since the appeal application fee was received in advance, there is no room for other fees to be charged, it was unanimously decided to return the appeal advance fee to Mürüvet, who deposited it on request, so that the way to correct the decision is open within 15 days from the notification of this decision. 19.04.2018

You can read our articles and petition examples by clicking here.