… TO THE FAMILY COURT JUDGE
IDENTIFICATION NUMBER:
ADDRESS:
ATTORNEY:
(
Legal representatives of the parties, if any)
ADDRESS:
(
Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS:
SUBJECT:
This is our petition containing our claims for divorce, alimony, and compensation for criminal acts.
VALUE OF CLAIM:
(
In cases involving property rights)
EXPLANATIONS:
1)
Our client married the defendant’s spouse on …/…/…. As can be seen from the family registration record provided in the Attachment (Attachment 1), the parties have two children from this marriage named … and …. One child is … years old, the other is … years old, and both are minors.
2)
The defendant’s spouse was sentenced to … years of imprisonment pursuant to Article 103/2 of Law No. 5237 by Decision No. …/… K. of the … High Criminal Court, following the trial conducted in Case No. …/… E. of the said court, on charges of sexual abuse of a child. Although the defendant’s defense counsel appealed this decision, it became final on …/…/… upon the Supreme Court’s approval (Exhibit 2).
3-)
The aforementioned conviction has discredited our client and the defendant in the eyes of third parties, and our client was forced to leave the province where she lived with the defendant, taking her children with her, and move in with her family. Considering that the abused child is the neighbor’s child, the situation has become extremely dire for our client. This matter will be clarified by the testimonies that our witnesses—whose names and addresses are listed in the attached witness list (Exhibit 3)—will present to your court.
3-)
Our client is a homemaker and has no income. She is currently living with her children at her parents’ home. Since her family’s financial situation is not good, she is unable to receive sufficient support from them. Both children of the marriage are still young and require their mother’s care and attention. Furthermore, since the defendant-spouse is already in prison, there is no one else to care for the children. For this reason, we are requesting a total of … TL in child support—… TL for our client and … T L for each child—for the duration of the case, and we request that the children of the marriage remain with our client throughout the proceedings.
6-)
Furthermore, due to the reasons we have attempted to explain—which have forced our client to end her marriage and placed her in a very difficult position in the public eye—we are seeking a total of … TL in compensation, consisting of … T L for material damages and … TL for emotional distress. LEGAL
GROUNDS:
Turkish Civil Code No. 4721, Articles 163, 168, 169, 174, 175, 182; Turkish Code of Criminal Procedure No. 4787, Article 4; Turkish Code of Civil Procedure No. 6100, Articles 240, 266.
LEGAL EVIDENCE:
Copy of family registry record, copy of ID card with a note of finality … .. High Criminal Court decision dated …/…/… with case no. …/… E. …/…. K., witness statements.
CONCLUSION AND REQUEST:
For the reasons explained above, we request the divorce of the parties; that the minor children remain with our client during the proceedings; that, in the event of divorce, custody of the children be granted to our client; the payment of monthly … TL in alimony for our client and monthly … TL in child support for each of the minor children, the continuation of this support after the divorce as maintenance for poverty and contribution, a ruling in favor of our client, the payment of a total of … T L in compensatory damages and … TL in moral damages, and that court costs and attorney’s fees be borne by the defendant. We hereby request these reliefs on behalf of our client. …/…/…
ATTACHMENTS:
1.
Copy of family registry record and ID card, 2.
Court decision of the … High Criminal Court dated …/…/…, Case No. …/… E. …/…. K., with a note of finality, 3.
List of witnesses indicating their names, addresses, and the matters on which they will testify,
A copy of a notarized power of attorney containing special authorization.