TC
Supreme
law office
BASE NO.: 2016/16526
DECISION NO:2018/5328
DECISION DATE:19.04.2018
COURT : Family Court
TYPE OF CASE :Mutual Divorce
MUTUAL DIVORCE CASE IS IN A CASE WHERE THE SPOUSE WHO SAYS THAT HE DOES NOT WANT IN HIS WIFE’S PRIVATE LIFE AND DOES NOT WANT TO BE TOGETHER IN A SEXUAL SENSE IS SERIOUSLY DEFECTIVE
Summary:
the court granted a divorce, the parties are equally flawed and were accepted; and the evidence of the proceedings, the plaintiff-the defendant for criminal behavior and de facto accepted by the court next to the man, ‘said the private life of his wife, and he doesn’t want to be with you sexually that said’ it is understood. In the face of this situation, it is necessary to accept that the defendant-counter-plaintiff male is seriously defective in the incident that caused the divorce. Without taking into account this issue, it has not been correct to accept the parties as equally defective.
The local court dates made between the parties with the code number at the end of the case shown above and the plaintiff-defendant Decrees, the determination of the defect in the case accepted by the man against the woman and the rejection of claims in terms of compensation; the defendant-plaintiff decrees, the detection of the defect in the case accepted by the man against the woman and the rejection of claims in terms of compensation, although it has been discussed, it was considered necessary to read the documents:
1- According to the articles in the file, since there is no error in the evidence, legal reasons and especially the discretion of the evidence on which the decision is based, the plaintiff-defendant male attorney’s appeals against the defendant-plaintiff woman, against the defendant-plaintiff woman, which are outside the scope of the following paragraphs, are not appropriate.
2 –
the parties are equally flawed though it has been adopted and the court decided to divorce; from the evidence and judgment, the plaintiff-the defendant is the man, performed and accepted by the court in addition to the offending behavior, ‘in his personal life with his wife he didn’t want sex and doesn’t want to have said’ that is understood. In the face of this situation, in the event that causes the divorce, it is necessary to accept that the defendant-counter-plaintiff man is seriously defective. Without this evaluation, the parties toward acceptance has been equally flawed.
3-2 Above. as explained in the paragraph, the plaintiff and the defendant man are seriously defective in the events leading to divorce, and these defective behaviors are also an attack on the woman’s personal rights. TMK m. for the benefit of the woman. the l74/l-2 conditions have been established. In this case, if the parties are deemed to be equally defective and this erroneous defect is determined, the defendant-counter-plaintiff woman will be subject to material and moral compensation (TMK m. 174/1-2) a divorce case has been filed because the rejection of their requests is not considered correct and a divorce is required.
CONCLUSION:
2 of the above-mentioned appeal provision. and 3. for the reasons shown in the paragraphs, the other parts of the appeal that are the subject of the VIOLATION, which are outside the scope of the violation, are listed above 1. for the reason shown in the paragraph, it was unanimously decided to approve, upload the fee written below to …, deduct the advance fee and TL 143.50, refund the advance fee to Muruvet, deposit it upon request, since the application fee for the appeal was received in advance, there is no other place that can collect the fee. 19.04.2018