Legal Department
Case Number: 2015/10721
Decision Number: 2016/327
“Text of Justice”
COURT: Family Court
CASE TYPE: Mutual Divorce
The judgment rendered by the local court at the conclusion of the trial in the case between the parties, dated and numbered above, was appealed by the plaintiff-counter-defendant woman in both respects, and the minutes were read and the necessary deliberations were made:
The court, accepting that the plaintiff-counter-defendant woman was entirely at fault in the events leading to the divorce, decided to dismiss the divorce case, but the investigation conducted and the evidence gathered reveal that the defendant-counterclaimant woman scolded and yelled at her husband in front of others, cursed at her husband and his family, calling them “shameful,” physically assaulted her husband, and fired shots at her husband and his family, saying, “Take your daughter and go.”
In this case, there is a fundamental incompatibility between the parties that undermines their cohabitation and prevents the continuation of their relationship. In light of the events that occurred, the counter-plaintiff-defendant woman also has the right to file a lawsuit. While the counter-plaintiff-defendant woman’s divorce case should have been accepted, the written rejection decision was deemed incorrect on the grounds that an error was made in the assessment of evidence.
CONCLUSION:
For the reasons stated above, the appealed decision regarding the plaintiff-counter-defendant woman’s rejected divorce case is OVERRULED. The divorce case of the defendant-counter-plaintiff man will be reheard based on the grounds for reversal, there is no place for examining other appeals at this time, the appeal fee will be refunded to the party who paid it upon request, and it has been unanimously decided that the possibility of correcting the decision is open within 15 days from the notification of this decision. January 11, 2016 (Mon.)