Law Firm
Case No.: 2020/1277
Decision No.: 2020/2521
“Judgment Text”
COURT: Istanbul Regional Court of Justice, 11th Civil Chamber
CASE TYPE: Divorce
At the conclusion of the proceedings between the parties, the decision issued by the regional court specified above in terms of date and number was rejected by the plaintiff woman regarding the claim for moral damages, and an objection was raised regarding the amount of material damages. The document was reviewed, and the necessary matters were discussed:
1-
Based on the documents in the file, the evidence upon which the decision is based, the legal grounds, and particularly the absence of any error in the evaluation of the evidence, the plaintiff’s objections outside the scope of the following paragraph are groundless.
2-
According to the decision determined by the court and accepted by the regional appellate court, “The husband who did not care for his wife, is not present with his spouse during pregnancy and childbirth, spends most of his time at work and with friends, does not return home until late at night, does not bring his spouse and mother-in-law home, does not return home after childbirth, and does not return home at all; a man who does not wish to be with his spouse even on special occasions is entirely at fault for the events leading to the divorce, and these fault-based behaviors also constitute an infringement of the plaintiff’s personal rights.
The severity of the fault is determined in accordance with Article 174/2 of the Turkish Civil Code, which favors women, taking into account the parties’ economic and social conditions and the principles of equity. While a decision regarding moral damages should have been made pursuant to the provision, the written rejection of the claim for moral damages is incorrect, and therefore the decision must be overturned.”
CONCLUSION:
For the reason stated in the second paragraph above, the decision of the regional appellate court is SET ASIDE, the decision of the trial court is REVERSED, and the other portions of the appeal not covered by the annulment are specified in the first paragraph above. For the reason stated in the paragraph, the refund of the appeal fee to the payer upon request, the return of the file to the trial court, and the sending of a copy of the decision to the legal office of the relevant regional appellate court have been APPROVED by unanimous vote. June 3, 2020 (Wednesday)