Separation of a Woman’s Bed in Marriage And Divorce – Supreme Court Decision

T.C.
SUPREME COURT 2. Legal Department Main No: 2016/6774
Decision No :2016/9063
Decision Date: 04.05.2016

SUPREME COURT DECISION
COURT : Family Court
TYPE OF CASE : Divorce
October 21, Dec. 2015, the date and number of the judgment given by the local court at the end of the proceedings between the parties, the plaintiff woman dated 21.04.2015, by way of participation in the additional decision on the rejection of the appeal request and compensation in terms of the amount of alimony, the defendant male; appealed in terms of the entire judgment, the documents were read and discussed and considered as necessary:

1-male to female counsel for the defendant upon the plaintiff on 11.03.2015 notification of appeal to the deputies of the plaintiff’s petition dated 20.03.2015 when the woman was acting with a way to join with the ten-day has been made on the appeal within the statutory period, it is understood that because the plaintiff during the period of the woman’s appeal for the rejection of the request for appeal with the acknowledgement of the presence disrupted additional termination decision dated 21.04.2015 decide
was needed.

2-When it comes to the examination of the reasons for the appeal;
a-in the file the decision with evidence and legal reasons based on the posts is especially gerektirici the plaintiff and the union did not fulfill their duties but the woman taking the woman’s bed despite this defective behavior, the defendant determined by the court according to the man, giving rise to their behaviour in the event of divorce and the actual offending compared to the woman, the understanding that is seriously flawed, according to all of the men of the defendant, the plaintiff appeals that fall outside the scope of the following clause objections of the woman are unjustified.
b-Considering the identified economic and social situations of the parties, the degree of defect in the events leading to the divorce, the purchasing power of money, the current and expected benefits violated by the attack on personal rights, the material and moral compensation appreciated for the benefit of the plaintiff woman is small. 4 Of the Turkish Civil Code. the principle of equity in Article 50 and 52 of the Turkish Code of Obligations. taking into account the provision of the article, a more appropriate amount of material (TMK m. 174/1) and spiritual (TMK m. 174/2) compensation discretion is required. The provision facility was not found to be correct without observing these aspects.
CONCLUSION: The appealed judgment is OVERTURNED for the reason shown in subparagraph 2-b above, the other parts of the appeal that are outside the scope of the violation are APPROVED for the reason shown in subparagraph 2-a above, the fee written below is charged to the defendant, the advance fee is deducted and 136.00 TL. since the appeal application fee was received in advance, there is no room for other fees to be collected, if requested, the appeal advance fee will be returned to the depositing plaintiff, the way to correct the decision within 15 days from the notification of this decision
to be clear, it was a unanimous decision.04.05.2016

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