TC SUPREME
Law Department Article No.:2015/19054
Decision No.:2016/11164 Decision Date:06.06.2016
Court of Cassation Decision THE COURT
:Family Court
TYPE OF CASE :Divorce
As a result of the Decoupling of mutual divorce proceedings between the parties, the local court
the decision given, the date and number of which are shown above, was found to be defective by the defendant male,
an appeal has been filed in terms of compensation and alimony, the documents have been read and evaluated by discussing them as necessary:
1-The articles in the file, the evidence that is the basis for the decision and the grounds in accordance with the law, in particular
considering the evidence that there is no defect of discretion in him, the defendant’s man is excluded from the scope of the following paragraph it has been understood that the appeals were unwarranted.
2-The marriage union of the parties is regulated by Article 166/1 of the Turkish Civil Code. according to the article, it was decided by the court that they would divorce for legal reasons due to their concussion. Although it was decided that the defendant should be awarded moral compensation in favor of the plaintiff woman,,
when a man commits physical violence against his wife ;
The investigation was carried out and from the evidence collected about physical violence after the incident, the parties came together and maintained the marriage union it is understood that the plaintiff woman should forgive the defendant for this incident, at least show tolerance.Despite the fact that there was another material incident in the nature of an attack on the plaintiff’s personal rights
it has not been proven. In this case, the claimant pays moral compensation to the woman (TMK m. 174/2) refusal of the request
however, it was understood that his acceptance was not found to be correct.
CONCLUSION:
2 of the above-mentioned provision of the appeal. for the reason shown in the paragraph in terms of moral compensation
DETERIORATION, on the other hand, of the parts that are outside the scope of deterioration, 1. APPROVAL for the reason shown in the paragraph
, refund of the claim advance fee to the depositor upon request, from the date of the decision of this decision
it was unanimously decided that it should be notified within 15 days, and that it should be notified within 15 days from the announcement of the decision, and that the path to correcting the decision will be open.