15 Aug Acting Overly Stingy In Marriage Is Attributed As Fault
Economic violence defines the economic freedoms of individuals who are disadvantaged in the social and economic structure and the negative effects and obstacles in the process of forming this freedom. Being overly stingy in marriage is judged within the scope of economic violence. As a result of these behaviors that lead to divorce, financial and moral compensation must be ruled. You can look at the example Supreme Court decision.
- Legal Department
Base Number: 2018/6942
Decision Number: 2018/13653
“Case Law Text”
Court :Family Court
Case type: mutual divorce-adornment
Made between the parties of the case at the end of the code number given by the above and the dates shown the judgment of the Local Court, the plaintiff-the defendant by the woman, the defect to determine the amount of rejected claims in terms of alimony; The defendant-the plaintiff by a male is to determine the defect, rejected claims, alimony, and the woman will take the trappings of the acceptance of the appeal in terms of the length of the case, discussed the need to read the paperwork, it was thought that:
1-according to the articles in the file, the evidence on which the decision is based, and the reasons in accordance with the law, and in particular, there is no error in the evaluation of the evidence, all appeals of the defendant-plaintiff man and the plaintiff-defendant woman, which are outside the scope of the following paragraphs, are inappropriate.
2-giving rise to the event of divorce by the court, the parties both cases on the grounds that they are equally culpable with the acceptance of, the parties were to decide to divorce; and the evidence from the trial, the court also accepted by the offending behavior and actual economic excessive violence by acting stingy men in addition to his wife, it is understood. By contrast, the woman loaded as a flaw by the court, “it is finished” shaped the discourse belongs to the brother of the woman, not woman, therefore flaw install as a woman, cannot, again, “I can’t, I won’t don’t say” de facto marriage after continuing for a while, so he is pardoned by the men of the facts, or at least would require the acceptance that as the woman will not be loaded because the flaw is tolerated, nevertheless the woman is in court and the acceptance of the wife, as to the house to do the tasks it is understood that the union had left home reluctantly. In the case of divorce, the defendant-plaintiff man should be admitted to be more severely defective than the plaintiff-defendant woman, while the admission that the parties were equally defective in writing with the erroneous determination of the defect was not correct and required to be corrupted.
3-above 2. as described in the paragraph, in cases that lead to divorce, the defendant-plaintiff man is more severely defective than the plaintiff-defendant woman, and the cases that lead to divorce also constitute an attack on the rights of the woman’s personality. A woman will be deprived of her partner’s financial support as a result of divorce. 174/1-2 of the Turkish Civil Code for the benefit of women. article conditions According to this situation, the refusal of the parties on the grounds that the conditions of the claims for material and moral compensation of the woman were not formed as a result of the erroneous determination that they were equally defective, while the economic and social situation, the weight of the defect, and the amount of material and moral compensation appropriate for the benefit of the woman, taking into account the rules of fairness, was not considered correct and required violation.
4-according to the social and economic situation of the parties, the nature of alimony, the economic conditions of the day, the poverty alimony provided for the benefit of the plaintiff-defendant woman is small. 4 Of The Turkish Civil Code By The Court. taking into account the principle of fairness in the article, a more appropriate amount of alimony should be ruled. It is against the procedure and the law to establish a provision in writing without regard to this aspect.
Conclusion: above the appellant provision (2.), (3.) and (4.) to be corrupted for the reasons shown in code, and other parts of the subject matter of Appeal that are outside the scope of the violation are above (1.) for the reason shown in the code, the approval fee written below should be uploaded to the appellant Bekir, the deduction of the advance fee received 143.50 TL, since the appeal application fee is received in advance, there is no place to receive another fee, the appeal advance fee should be returned to the deposit in case of request, a unanimous decision was made within 15 days of the notification of this decision, with the path to correction of the decision open.28.11.2018 (Wed.)
No Comments