T.C.
SUPREME
2. LEGAL DEPARTMENT
E. 2015/16407 K. 2016/7878 T. 19.4.2016
* IF A COMPLETELY FLAWED SPOUSE HAS FILED FOR DIVORCE ( IT IS NOT NECESSARY TO BE FLAWLESS OR LESS FLAWED IN ORDER TO REQUEST A DIVORCE, IT IS NECESSARY TO DETERMINE THE EXISTENCE OF A MINOR DEFECT OF THE DEFENDANT – IT IS NOT SUFFICIENT FOR THE DECISION TO DIVORCE ALONE TO OPPOSE THE DIVORCE OF THE LESS FLAWED SPOUSE IS AN ABUSE OF THE RIGHT )
IN THE EVENT OF A DIVORCE, IT WOULD BE CONTRARY TO THE PRINCIPLE THAT THE PERSON CANNOT BEAR HIS OWN FAULT TO ACCEPT THAT THE COMPLETELY FLAWED SPOUSE MAY REQUEST A DIVORCE – THE DEFENDANT SPOUSE MUST BE SOMEWHAT FLAWED AND MUST BE PROVEN TO BE ABLE TO FILE FOR DIVORCE. )

Case: the decision given by the Local Court at the end of the proceedings between the parties, the date and number shown above, by the plaintiff-Counter-Defendant man, the woman’s case acceptance, defect determination, poverty alimony and compensation for the benefit of the woman in terms of the power of attorney; by the defendant – counter-plaintiff woman, the man’s case acceptance, the amount of compensation and alimony:

Verdict : it is understood that the plaintiff-Counter-Defendant man expelled and threatened the woman by saying to the mother of his wife “take your daughter away from the house, or I will kill her”, as the court has accepted from the scope of all files and collected evidence, that the plaintiff-Counter-Defendant man is completely flawed and that the existence of a defect

166 of the Turkish Civil Code No. 4721. it is necessary not to interpret and evaluate the provision of the article in the form that the completely defective spouse can also sue and obtain a divorce provision for his benefit. Because such a thought goes against the basic principle of law that no one can obtain a right based on his own action and entirely on his own fault. On the other hand, such a thought reveals a case of divorce which is contrary to our system with one-sided will. The person who wants to obtain the divorce without any action or behavior of the other party in question, the marriage union, the continuation of the basis will not be expected to shake, then since the union is no longer shaken in line with the divorce can demand the establishment of provisions. In this case, the 166 of the Turkish Civil Code. according to the article, it is not necessary to be completely flawless or less flawed in order to ask for divorce, even if the party found more flawed has the right to sue, but it is inevitable that the defendant has a minor flaw in order to decide the divorce and its determination. If the less-flawed spouse opposes divorce, even the determination of this situation alone can not be enough for the decision to divorce. It should be understood that there is no benefit worth protecting for spouses and children ( TMK m. 166/2 ).

According to the current events, it is no doubt that the marriage union has been shaken from its foundation to such a degree that the continuation of it is not expected of the spouses. However, this conclusion is entirely due to the attitude and behavior of the plaintiff-Counter-Defendant, and no fault that can be attributed to the defendant-Counter-Plaintiff has occurred. In this case, it is against the law and procedure to decide the divorce by making a mistake in the interpretation of the provisions of the law, while it is necessary to reject the divorce case of the plaintiff-Counter-Defendant man for the reasons described.

Conclusion: it was decided unanimously on 19.04.2016 that the appeal appeals against the case of the woman, which has become necessary to re-establish the provision according to the reason cited above, and that there is no room for the investigation of the other objections of the parties, and that the Advance Fee for the appeal should be returned to the depositors if requested,