The marriage union established between the parties through divorce shall be terminated by Decrees of the court. Litigation rights arising from the dissolution of the marriage due to divorce (material and moral compensation, poverty support) can be claimed together with the divorce case, as well as by filing a separate lawsuit within 1 year from the finalization of the divorce decision.
174/2 of the Turkish Civil Code No. 4721. according to the article, the party whose personal right has been violated due to the events that led to the divorce may request that an appropriate amount of money be paid as moral compensation from the other party that is defective.
Moral compensation is an accepted form of satisfaction (or compensation) to ensure a disturbed spiritual balance, and moral compensation is provided if the events that lead to divorce constitute an attack on a person’s rights.
The fact that a husband cheats on his wife with another woman within the marriage union is part of Article 174/2 of the Turkish Civil Code. In the sense of the article, the existence of an attack on a person’s rights is considered. Therefore, as a result of the husband cheating on his wife with another woman, the victimized wife has the right to claim moral compensation from her husband with the divorce case or with the lawsuit she will file after the divorce case.
An example Supreme Court Decision on the issue is as follows;
GENERAL ASSEMBLY OF THE SUPREME COURT OF JUSTICE OF THE REPUBLIC OF TURKEY E. 2010/0K. 2010/220K. T. 14.4.2010
“(…1-The decision is based on the evidence and writings in the file, necessary legal reasons, and especially in divorce or divorce cases, individually shortening the compensation requested in case of refusal of admission, requesting the amount in favor of the other party if the accepted one is rejected, appreciating the absence that may be in the interest of attorney’s fees, according to all plaintiffs, the defendants’ appeals that fall outside the scope of the following paragraph are unfair.
2-Considering the determined economic and social situations of the parties, the purchasing power of money, the degree of defect and, in particular, events that are an attack on personal rights, the amount of non-pecuniary damages in favor of the plaintiff woman is large.
4 44 Of the Turkish Civil Code. according to the principle of fairness in Article 49 of the Code of Obligations. the decision to renew the trial, which was overturned on the grounds that the moral compensation contained in the article should be valued at a more appropriate amount (TMK174/2), was overturned at the end of the trial; in terms of moral compensation, the previous decision was resisted by the court.
APPLICANT: The defendant’s attorney
DECISION OF THE GENERAL ASSEMBLY OF LAW
After it was understood that the decision to resist was appealed in the examination conducted by the General Assembly of Law, and the document in the file was read, the following issue was discussed:
The case relates to a request for divorce, material and non-pecuniary compensation and alimony of poverty.
plaintiff’s (woman’s) lawyer, the defendant, stated that his wife (husband) had completely left public life 2.5-3 years ago, ended his marriage and that a woman who started a life of informal union with this woman had a child, and the parties filed for divorce, demanding annual financial damages of 50,000 TL, 150,000 GBP (£) moral compensation and alimony pay in favor of their clients due to the essence of the marriage.
The defendant (husband) attorney defended his decision to reject alimony, material and moral compensation claims, if this is in accordance with the tolerance stated by the plaintiff, when we first learned that his client did not accept requests other than divorce, was with a woman, and this woman had a child with the plaintiff.
There is no dispute between the parties that the Decedent husband lived a husband-wife life with another woman, that he had a child with this woman.
The claimant’s claim for financial compensation (related to the property regime) has been examined through this file.
The court’s decision to accept the divorce case filed by the plaintiff, partially accept the moral compensation case, reject the child support case was overturned in terms of moral compensation to the Private Office upon the appeal of the party’s attorneys for the reasons described above, the court resisted the previous decision in terms of moral compensation.
Decrees of divorce, custody, personal relationship, poverty and deprivation of subsidiary rights between the parties have been finalized and are non-negotiable.
The dispute, which came to the General Assembly of Jurisprudence through resistance, is centered on whether the amount of moral compensation of TRY 75,000 (TL) ruled in favor of the plaintiff woman is excessive when considering the financial situations and defect rates of the parties.
174/2 of the Turkish Civil Code No. 4721. according to the article, the party whose personal right has been violated due to the events that led to the divorce may request that an appropriate amount of money be paid as moral compensation from the other party that is defective.
Moral compensation is an accepted form of satisfaction (or compensation) to ensure a disturbed spiritual balance, and moral compensation is ruled if the events that led to divorce constitute an attack on human rights (Kılıçoğlu, Mustafa: Compensation Law, Civil Publishing, Istanbul 2010, p.1036, 1369; Reisoglu, Safa: General Provisions of the Law of Obligations, Beta Edition, Istanbul 1998, p.179 et seq.; Oguzman/Dural: Family Law, Filiz Kitabevi, Istanbul 1994, p.144-145; Tekinay, p.Hakim: Turkish Family Law, Filiz Kitabevi, Istanbul 1990, p.261-262; Oguzman, Kemal: General Provisions of the Law of Obligations, Filiz Kitabevi, Istanbul 1995, p.641; See also P. YIBK.22.06.1966-7/7)
The fact that a husband cheats on his wife with another woman, in cases of severe insult, the existence of an attack on personal rights is accepted. (Kılıçoğlu, Mustafa: Compensation Law, Hukuk Publishing, Istanbul 2010, p.1031 et seq.; Reisoglu, Safa: General Provisions of the Law of Obligations, Beta Edition, Istanbul 1998, p.183-184; Oguzman/Dural: Family Law, Filiz Kitabevi, Istanbul 1994, p.145; Tekinay, p.Hakim: Turkish Family Law, Filiz Kitabevi, Istanbul 1990, p.262; Oguzman, Kemal: Age, p.655)
From the entire scope of the file, it is fixed that the defendant husband cheated on his wife with another woman, and therefore the marital union was terminated. The defect cannot be explained to the plaintiff woman due to the events that led to the divorce.
In this case, it is concluded that the amount of moral compensation given from the documents in the file in proportion to the economic status of the defendant husband is appropriate and the decision to resist, which is in accordance with the procedure and the law, should be upheld.
result
It was decided by a majority of votes on 14.04.2010 that the decision to resist for the reasons described above was upheld, the defendant’s attorney’s appeals were rejected, and there was no need for any expenses other than the necessary appeal fee had been received in advance.”