The family law Deciphered between Articles 118 and 201 of the Turkish Civil Code No. 4721 applies to persons who have established a marriage bond by official marriage. But due to the social structure, there are also people who have been living together for a long time with a religious marriage. Although those who live together in this way cannot benefit from their rights such as trappings or material / moral compensation in terms of family law, they can assert these rights in the courts of first instance.
The parties fulfill local traditions for getting married and even get married with a wedding, but do not make an official wedding. In this case, the marital status of the parties also remains single. Considering the traditional structure of our society and the social environment in which the parties live; With the belief that an official marriage will be made, it will be difficult for the parties to live the life of husband and wife, if these people leave, to be labeled as widows in society and to make a new marriage, as well as the fact that such a situation can be used against their existence in future marriages. Therefore, both parties suffered damage, and hear the suffering and sorrow become old of the balance of the spiritual side of acceptance, be emotionally satisfying, like that of an action being the retention of an appropriate damage for the purpose of nonpecuniary damages.
As a matter of fact, in the decisions of the Supreme Court, it is accepted that those who are married religiously can buy trappings, their rights to material and moral compensation should be regulated, and even if one of the parties dies, the other can ask for compensation for deprivation of support if necessary. The difference here is that the alimony requested from the family court and attached to the spouse will be received, and other rights arising from family law will not be granted to the religiously married spouse. At the same time, for these compensations, the parties are required to apply not to the family court, but to the civil court of first instance, which is the general officer.
The decisions of the Supreme Court on the issue that may set a precedent are as follows;
Supreme Court 4. The Department of Law is dated 06.06.2016 and is registered on 2016/170 E. and 2016/7430 K. according to the decree No. 1; “1-) The case concerns the return of trappings and the request for non-pecuniary compensation. A decision was made by the local court to dismiss the case, and the verdict was appealed by the plaintiff.
The plaintiff requested the return of trappings and dowry items and compensation for moral damage suffered by the defendant, stating that they were unofficially married to the defendant, they had a wedding, the defendant deceived him with a promise to marry, the defendant began to live with another lady, his psychology deteriorated due to what happened, and he could not take his gold and dowry items when he left home.
According to the statements and documents available in the file, the plaintiff had some trappings on her when she left the house where she lived with the defendant without an official marriage, and they were asked to be taken by the defendant’s family, but she did not allow them to take it, and the plaintiff had rashes on her arm due to coercion, however, the plaintiff did not declare how many pieces of jewelry were found on him when he left the house, as well as in the petition of the case, it was understood that the plaintiff did not explain how much all the gold worn at the wedding was and how much gold he had on him when he left the house.
The court should decide by making a statement to the plaintiff about the gold worn at the wedding and the gold found on it when he left the house where he lived with the defendant, and by asking and explaining to the witnesses how much gold the plaintiff had on him when he left the house where he lived with the defendant, while it was against the procedure and law to decide to reject the requests for the return of the gold on written grounds with incomplete examination and required to overturn it.
2-) As for the plaintiff’s appeals against the refusal of the claimant’s claim for non-pecuniary damages;
It is understood that the parties fulfilled the local customs for getting married, they got married by wedding, only the official wedding was not held, the plaintiff and the defendant were single from the register.
Considering the traditional structure of our society and the social environment in which the parties live; It is an inevitable fact that such a situation can be used against the existence of the plaintiff and the defendant to live a husband and wife life with the belief that an official marriage will be made, labeling her as a widow in society will make it difficult for her to make a new marriage, as well as in the marriages she will make in the future. It should also be noted that the defendant, who shares the same social environment, behaves more sensitively, taking into account this situation that the plaintiff will fall into, is a model of behavior that is expected and should be expected from him.
Taken together all these facts the plaintiff, by the defendant deceived by the promise of marriage could have been under the influence of physical need that were damaged in the spiritual sense, and that the adoption of the unlawful actions of the plaintiff because of pain and regret and become old deteriorating moral balance, be emotionally satisfying, damage like that of the retention of an action for the purpose of being suitable for non-pecuniary damages should be judged.”
Supreme Court 17. The Department of Law dated 25.11.2015 and is registered on 2014/4811 E. and 2015/12693 K. according to the numbered decree; “Deputy plaintiffs, non-plaintiffs M.A.the driver of the and the defendant is the operator of the company with the pickup truck operated by F. He.as a result of the collision of the motorcycle in which he was the driver and operator of the accident, the plaintiff’s imam-married wife D, who was a passenger in the motorcycle, was killed.He.the defendant in the accident said that the driver of the vehicle was defective, that the support for the passenger was not defective, that little G.stating that he was born on 20.06.2010 shortly after the accident and was born without a father, provided that his rights to excess are reserved; imam married wife H.ve daughter G. for imam nikahli spouse H with compensation for deprivation of support of 2,500.00 TL separately.for 25,000.00 TL and small G. for 20.000,00 TL he requested and sued to be decided on the collection of non-pecuniary damages from the defendant together with the legal interest to be processed from the date of the accident; during the trial, the plaintiff’s deputy requested financial compensation from imam nikahli wife H.for 103.146,16 TL and child G. for a total of 42,200.10 TL, a total of 145,346.26 TL has been reclaimed.
The defendant’s deputy defended the rejection of the case by stating that the imam’s married wife does not have the right to claim financial compensation, and the claims for moral compensation are exorbitant.
According to the evidence collected by the court and the entire scope of the file, with the partial acceptance of the claim for financial compensation, the plaintiff received TL 80,000.00 for imam nikahli ash Hulya, the plaintiff received a small G. for 45.200, 10 TL to collect the compensation for lack of support from the defendant with the legal interest that will be processed from the date of the accident; with partial acceptance of the claim for moral compensation, the plaintiff imam nikahli wife H.for 15.000.00 TL and for a small child G. it has been decided that the moral compensation of 7.500,00 TL will be collected from the defendant with the legal interest that will be processed from the date of the accident; …”
Supreme Court 4. The Law Department is dated 14.04.2016 and is registered at 2015/6000 E. and 2016/5100 K. according to the numbered hymn; “The plaintiff, with the defendant on 8.6.2009 they started to live together with religious wedding, he came into the world on 23.6.2010 of a child, the child was known by the defendant that they had had a relationship with the defendant compatible, Igdir to Istanbul to marry and upset the order of the defendant, the defendant deceived and enjoy the afternoon with the promise of making a formal wedding, get all kinds of oppression and violent, he is kicked out, you had to go to his children by taking his sister’s personal noting that his rights had been attacked, he requested that the defendant be held liable for non-pecuniary damages.
The local court decided to dismiss the case on the grounds that the plaintiff’s claims that she was deceived by the promise of an official wedding and attacked her personal rights could not be proven.
File scope, according to his wife on 15.3.2009 after the death of the defendant, age he’s alone with three small children, due to his father’s illness, Igdir his country when he went on his father’s advice, decides to marry the plaintiff, the defendant’s family, the family with the approval of the henna night is done on 8.6.2009 in Igdir and the imam after the wedding, the defendant took the plaintiff’s residence in Istanbul, Istanbul in he started living with the defendant and his family, about this situation and it took him two years of a child came to the world on 23.6.2010, it is fixed that the child was registered with the population by the defendant through recognition, but no official marriage was performed during this period, and as a result, the plaintiff left the defendant’s side and began to live in his older sister’s house.
According to the documents found in the file, it is understood that the parties fulfilled the local customs for getting married, married with a wedding, not only an official wedding was held, the plaintiff and the defendant were single from the register.
Considering the traditional structure of our society and the social environment in which the parties live; with the belief that an official wedding will be held, the plaintiff will live a husband-and-wife life for two years with the defendant, the plaintiff who believes that they will marry because they were promised an official wedding will be held, the plaintiff will not have an official wedding for two years despite being brought to Istanbul from Igdir province, he will have to live in his sister’s house with his child, bear the stamp of a widow in society, which will make it difficult for the plaintiff to make a new marriage, as well as the inevitable fact that such a situation may be used against his existence in future marriages. It should also be noted that the defendant, who shares the same social environment, behaves more sensitively, taking into account this situation that the plaintiff will fall into, is a model of behavior that is expected and should be expected from him.
Taken together all these facts the plaintiff, by the defendant deceived by the promise of marriage could have been under the influence of physical need that were damaged in the spiritual sense, and that the adoption of the unlawful actions of the plaintiff because of pain and regret and become old deteriorating moral balance, be emotionally satisfying, damage like that of the retention of an action for the purpose of being suitable for non-pecuniary damages should be judged.
Considering the aspects described by the local court, non-pecuniary compensation in an amount appropriate for the benefit of the plaintiff should be appreciated, but since the request was rejected was not in accordance with the procedure and the law, the decision had to be overturned.”
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