2nd Civil Chamber
Case Number: 2015/8680
Decision Number: 2016/178
“Case Law Text”
COURT: Civil Court (Family Court)
Following the trial between the parties, the judgment issued by the local court, dated and numbered as above, is appealed by the plaintiff-counterclaimant male party with respect to both cases; it is requested that the claim be heard; the hearing was recorded on 11.01.2016, and the plaintiff-defendant’s attorney Av……..and the opposing party defendant-plaintiff’s attorney Av…..attended. After hearing the statements of those present, it was deemed appropriate to examine the case and reach a decision after the hearing. Today, it was considered that all the documents in the file could be read and viewed:
1-The documents in the file, the evidence on which the decision is based, and the legally required reasons, and in particular, the fact that a person lives in a village and has many friends on their Facebook profile cannot be accepted as proof of that person’s infidelity, nor can it be considered as behavior that undermines trust, and the plaintiff-counter-defendant has failed to prove the defendant’s infidelity. however, the plaintiff-counterclaimant man, who forced the woman to live with her family, did not have a baby with her, and caused the actual separation by saying “if this is how it is going to be, then let it be,” is entirely at fault for the events leading to the divorce, and therefore the plaintiff-counterclaimant man’s objections outside the scope of the following paragraphs are unfounded.
2-
The purpose of moral damages in divorce is to compensate the party whose personal rights have been violated due to the events causing the divorce, the separation of the damaged psychological bond, and the loss of moral values. Therefore, there must be a reasonable ratio between the violation of personal rights and the amount of compensation. Moral damages in an amount that leads to the enrichment of one party deviates from the purpose of the institution.
When determining the amount of compensation, the judge must consider, on the one hand, the economic and social productivity of the party whose personal rights have been violated and whether they are at fault in the divorce and, if so, the degree of fault and the severity of the act; on the other hand, the degree of fault of the party who violated the personal rights and their economic and social status. Considering the principles explained, the amount of moral damages awarded to the defendant-counterclaimant woman is excessive and not in line with the principle of proportionality. It is not correct to rule in writing that a more appropriate amount of compensation should be awarded in accordance with the principle of fairness set forth in Article 4 of the Turkish Civil Code.
3-Divorce cases are subject to fixed decision and judgment fees. If material and moral damages and alimony, which are ancillary to the divorce, are requested together with the divorce case, no additional proportional fees need to be paid on the amount requested. Where the court decides to collect a fixed decision and judgment fee based on the update available on the date of the court decision, it is also inappropriate to record the amount of moral damages awarded as a fine and to collect a proportional decision and judgment fee.
CONCLUSION:
The appealed judgment is REVERSED for the reasons set forth in paragraphs 2 and 3 above, and the other sections of the judgment not covered by the reversal, which are subject to the rule in paragraph 1 above, are AFFIRMED to ensure that the conditions of the divorce judgment are changed. The attorney’s fee of 1,350.00 TL, which was determined for the hearing, is to be paid to … and the provisional expenses shall be refunded to the depositor upon request. This decision was unanimously adopted, with the right to appeal within 15 days of its notification. 11.01.2016 (Mon.)