2nd Civil Chamber 2021/3136 E., 2021/3975 K.
“Text of Justice”
COURT: Ankara Regional Court of Justice 28th Civil Chamber
CASE TYPE: Mutual Divorce
The above-mentioned ruling, dated and numbered, issued by the local court at the conclusion of the trial between the parties, was determined by the plaintiff-counterclaimant woman through participation.
lass=”yoast-text-mark” />>Regarding acceptance, determination of fault, amount of compensation, and amount of alimony; in the objection made by the defendant-counterclaimant
man with grounds for rejection regarding the acceptance of the woman’s and her partners’ case, determination of fault, and his own compensation claim,
the document was read, its necessity was discussed, and it was evaluated:
1-
The items in the file, the evidence on which the decision is based, the legal grounds, and especially the evidence.
>Given that there is no error in the defendant-counterclaimant’s discretion, the plaintiff-counterclaimant’s
appeal objections are unfounded due to matters outside the scope of the following paragraph.
2- The parties’ social and economic conditions, the nature of alimony, and the current economic situation.
>According to the conditions of the joint child born in 2015… child support is set at a lower amount.
>Taking into account the principle of fairness in Article 4 of the Turkish Civil Code, the court
has decided that an appropriate amount of alimony must be determined. It is contrary to law to issue a written judgment without taking this into account.
3- The social and economic conditions of the parties, the nature of the alimony, and the current economic situation.
>Considering the circumstances of the plaintiff and defendant, the amount of alimony awarded in favor of the woman is low.
=”yoast-text-mark” />>Taking into account the principle of fairness in Article 4 of the Turkish Civil Code, a more appropriate
amount of alimony should be paid. It is contrary to procedure and law to issue a written ruling without taking this into consideration
.
CONCLUSION:
The appealed decision is INVALID for the reason stated in the second paragraph above, and the decision is overturned.
lass=”yoast-text-mark” />>It is APPROVED for the reason stated in the first paragraph above.
>The following approval fee and appeal application fee, which were not paid initially, will be collected from Mehmet.
>It has been decided to refund the appeal fee to Nigar, who deposited it upon request, and to submit the file to the relevant region.
It has been unanimously decided to send it to the court. 05.26.2021 (Wednesday)