TC
Supreme
law office
BASE NO.: 16661/2016
DECISION NO:2018/5566
DECISION DATE: 25.04.2018
COURT : Family Court
TYPE OF CASE : Divorce-Removal of Alimony for Precautionary Purposes
FOR PRECAUTION, THE CANCELLATION OF ALIMONY IS NOT THE MONTH OF October OF THE DIVORCE AND IS SUBJECT TO THE ASSOCIATED EXPENSES. SUBSEQUENT TRANSACTIONS CANNOT BE MADE WITHOUT COMPLETING THE RELATED FEE.
SUMMARY:
The claimant’s request for the cancellation of alimony is not in October of the divorce, but is subject to alimony expenses. Alimony expenses were not received during the opening of the case due to this request, and this deficiency was not corrected during the trial. Subsequent transactions cannot be made until the relative expense is completed.
The court has given the plaintiff a period of time to complete the alimony expenses for the man (Fees Law m. 30-32) In case of elimination of the lack of fees, 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 in case the fee is not completed, m of the Fees Law. 30. according to the article, it was not considered correct to establish a written judgment without taking into account the issues stated when the action should be taken.
At the end of the hearing of the case between the parties, the decision given by the local court on the date and number indicated above was appealed by the plaintiff, Deciphering the documents and exchanging the necessary opinions;
1-
The court; abstract statements of this witness, statements not specifying the time and place, audio recordings kept by the parties in the solution and Electronic Media such as Photos, Movies, Video or audio recording data and other information carriers, but if supported by other evidence, the Decrees may prevail as evidence, whether electronic data is not included in the union and is of a nature that will allow the continuation of the adoption of common life between the parties to a degree that shakes the foundations,
the case that cannot be determined for serious reasons and evidence, the plaintiff’s case cannot be concluded; and it was attached to the provision that the trial of the evidence was rejected on the grounds that the women’s behavior was annoying. In this case, the plaintiff male is right to file a lawsuit. Without taking this issue into account, the rejection of the case was not correct and should have been overturned.
2-
The plaintiff male; requested the abolition of alimony measures in the lawsuit petition. Application fee received during the opening of the lawsuit covers all requests in the lawsuit petition. The plaintiff’s request for the removal of the man’s alimony for the measure is additional to the divorce and is relative to October.
it is not subject to expenses.
The relative expenses were not taken while the lawsuit was filed due to this request, and this deficiency was not corrected during the trial. Subsequent transactions cannot be made until the relative expense is completed. By the court, the fees to the plaintiff
to give a period for the completion of the deficiency (Fees Law m. according to 30-32), in case of elimination of the lack of fees, a positive or negative decision should be made according to the result to be obtained by examining the merits of this request, and in case of elimination of the lack of fees, m of the Law on Fees. although it is necessary to take action according to 30/32, it has been assessed that it is not correct to establish a written judgment without taking into account the specified issues.
CONCLUSION:
1 of the appeal request. and 2. it was unanimously decided to OVERTURN the reasons stated in the paragraphs, to return the advance payment of the appeal to the depositor upon request, and to open the way for correcting the decision within 15 days from the notification of this decision. 25.04.2018