Supreme Court of Turkey
Legal Department Article No: 2015/19054
Decision No: 2016/11164 Decision Date: 06.06.2016
Supreme Court Decision
COURT: Family Court
CASE TYPE: Divorce
As a result of the mutual divorce cases between the parties being decided, the local court
issued the above-mentioned ruling, which was appealed by the defendant husband on the grounds that he was at fault,
and the case was decided after the documents were read and discussed as necessary:
1-Considering the provisions in the file, the evidence supporting the decision, and the legal grounds, particularly the evidence indicating that there was no fault on his part,
the defendant’s husband was excluded from the scope of the following paragraph,
and the appeal objections were deemed unfounded.
2-The court decided that the parties would divorce for legal reasons due to the breakdown of their marriage in accordance with Article 166/1 of the Turkish Civil Code. If the defendant is ordered to pay moral damages in favor of the plaintiff woman,
her husband has physically abused her;
Based on the investigation conducted and
the evidence gathered after the physical abuse, the parties have come together to continue their marital union,
It is understood that the plaintiff woman forgave the defendant for this incident, or at least tolerated it.
Although there was another material incident that constituted an attack on the plaintiff’s personal rights, this
could not be proven. In this case, the plaintiff was requested to pay moral damages to the woman (TMK m. 174/2),
but the request was not accepted.
CONCLUSION:
The appellate court’s ruling mentioned above, in the second paragraph under the “Reversal” section, regarding moral compensation,
and the portions outside the scope of reversal under the first
APPROVAL clause, the appeal advance fee shall be refunded to the plaintiff upon request, and this decision shall be served within
15 days from the date of the decision, thereby opening the way for the correction of the decision, it was decided unanimously.