2nd Law Office
Case No.: 2016/24716
Decision No.: 2018/10846
COURT: Family Court
CASE TYPE: Divorce
At the conclusion of the proceedings regarding the relationship between the parties, the date set by the local court, the selection of candidates, the choice of the case, deficiencies, rejected claims, maintenance and medical support, and the amount of alimony should be read carefully and considered, with particular attention to the text highlighted in red.
1-
According to the correct wording in the file, the grounds for the decision must be consistent with the evidence on which it is based, and in particular, there must be no error in the evaluation of the evidence; the positive aspects of the law regarding the dams along the route are unjust.
2-
The court rejected the claim that “the defendant did not love his wife, ceased to provide support, abandoned his residence without completing his residence period, and left the reviewed home with a tendency to do so” (Turkish Civil Code 174/1-2).
In civil case No. 6100, the defendant’s defense was proven in point 1 by the evidence presented in the response, which included all of the defendant’s grounds and the evidence submitted as a summary of the defense for each claim. In the specific
circumstances, the defendant failed to respond in a timely manner and did not rely on his evidence.
The preliminary examination period regarding the defendant’s unreliable relationship notification is ineffective and was not taken into account in evaluating the statements that they would not be notified in a timely manner (Supreme Court of Appeals decision dated April 20, 2016, Case No. 2014/2-695 and Decision No. 2016/522). In this court, the case must be concluded without relying on evidence and submissions not presented within the statutory period. In cases where the situation is due to the defendant’s fault, the defendant does not consider this possible; it is possible that the defendant expelled his wife from the home.
3-
As explained in the second paragraph above, the defendant is liable for the events that led to the case. The perpetrator is aggressive in response to his own attacks. The plaintiff has succeeded in obtaining both material and moral compensation for the female employee (Turkish Civil Code Art. 174/1-2). Due to the parties’ incorrect determination, the award of material and moral compensation is correct.
CONCLUSION:
In the second and third paragraphs of the appealed decision, there is a possibility of reversal due to the causes arising during the proceedings; however, the sections remaining valid in Article 1 may be AFFIRMED, the advance wages paid by the employer may be refunded to the beneficiary, and a corrective procedure to be resolved within 15 days from the date of the decision may be initiated. October 9, 2018 (Tuesday)