Forgiving the Other Spouse of the Spouse Who Has Suffered Physical Violence
T.C. SUPREME
2. Legal Department Main No:2015/19054
Decision No : 2016/11164 Decision Date: 06.06.2016
Supreme Court Decision
COURT : Family Court
TYPE OF CASE : Divorce
At the end of the proceedings of mutual divorce cases between the parties, the judgment given by the local court, the date and number of which are shown above, was appealed by the defendant male in terms of determining the defect, compensations and alimony, the documents were read and Decisively discussed and considered:
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 the fact that there is no error in the evaluation of the evidence, the defendant man’s appeals, which are outside the scope of the following paragraph, are unwarranted. 2-According to Article 166/1 of the Turkish Civil Code, the court has decided to divorce the parties for the legal reason of the deterioration of the marriage union. Although moral compensation has been decided for the benefit of the plaintiff woman on the grounds that the defendant man inflicted physical violence on his wife; from the investigation and the evidence collected, it is understood that the parties came together after the physical violence incident and continued the marriage union, so that the plaintiff woman forgave the defendant for this incident and at least met with tolerance. Another material incident in the nature of an attack on the plaintiff’s personal rights could not be proved either. In this case, the plaintiff woman’s moral compensation (TMK m. 174/2) while his request should have been rejected, his acceptance was not found correct.
CONCLUSION: The above of the appealed provision 2. for the reason shown in the paragraph, it is subject to DETERIORATION in terms of moral compensation, and the parts that are outside the scope of deterioration are 1. it was unanimously decided to approve it for the reason indicated in the paragraph, to return the advance fee for the appeal to the depositor upon request, so that the way to correct the decision is open within 15 days from the notification of this decision.
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