174 and 175 of the Turkish Civil Code, when the parties file for divorce from each other. They can apply for material and moral compensation and alimony in accordance with their articles. However, both for the claim for material and non-pecuniary damages and for the acceptance of the alimony claim, the law clearly stipulates that the requesting party must be less defective or flawless than the other party. According to the regulations on compensation and alimony that can be requested in a divorce case, articles 174 and 175 of the Turkish Commercial Code. It is included in the articles.
Article 174 of the TCC;
“A perfect or less defective party whose current or expected interests have been damaged by a divorce may request appropriate financial compensation from the defective party. The party whose right of personality has been attacked due to the events that caused the divorce may request that an appropriate amount of money be paid as moral compensation from the other party who is defective.”
and article 175 of the TCC;
“The party who will fall into poverty due to a divorce can ask for alimony indefinitely at the rate of his financial strength from the other side for his livelihood, provided that the defect is not more severe. The fault of the alimony obligation is not sought.”
As can be seen from the regulations made in the form, the parties can apply for material and moral compensation and alimony for poverty in divorce cases. However, the law clearly sought the condition that the fault of the requesting party should not be more severe for the acceptance of these requests. In the light of these regulations made in the law, it has been accepted in the case law of the Supreme Court that for the acceptance of material and moral compensation and child support claims, the claimant must be flawless or less imperfect.
Court of Cassation 2. Department of Law: 2016/11706 and K: 2016/12145 dated 23.06.2016 ;
“… 2- Above 1. as explained in the paragraph, the defendant woman is completely defective in the events that caused the divorce. 174/1 of the Turkish Civil Code. and 2. the following conditions have been established for the benefit of men. Accordingly, while appropriate amounts of material and non-pecuniary damages should be awarded for the benefit of the plaintiff male, the rejection of the request was not found to be correct.
3- The party who will fall into poverty due to a divorce may request alimony indefinitely at the rate of his financial strength from the other side for his livelihood, provided that the defect is not more severe. (TMK m. 175) The alimony of poverty for the benefit of the fully defective woman cannot be appreciated. In that case, while the woman’s request for alimony for poverty should be rejected, her acceptance in writing was not found to be correct.” Form in the arrangement in accordance with the judgment of divorce than men as a result of the marriage the Union of the woman in the end, if this is deemed to be seriously flawed, material and moral compensation will not get alimony.
In other words, in divorce cases, there is no provision for material and moral compensation and child support in all circumstances in favor of a woman. In the process of litigation, both the Supreme Court decisions and the TMK 174 and 175 that material and moral compensation and child support will not be ruled in favor of the woman if the man proves that the woman is more severely defective or fully defective in the divorce. It is determined in the articles.
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