T.O
SUPREME
2. LEGAL DEPARTMENT
PRINCIPAL NO: 2016/16526
DECISION NO: 2018/5328
DECISION DATE: 19.04.2018
Court: Family Court
Case type: mutual divorce

> MUTUAL DIVORCE, THE WIFE WHO SAYS THAT SHE DOES NOT WANT TO BE WITH HER IN PRIVATE LIFE AND DOES NOT WANT TO BE WITH THE SEXUAL SENSE IS SERIOUSLY FLAWED

Summary: although the court considered the parties equally flawed and the divorce was decided, it is understood from the trial and the evidence collected that the plaintiff-defendant man said that he did not want his wife in his private life and did not want to be together in a sexual sense ‘in addition to the flawed behavior accepted and realized by the court. In the event of a divorce, the defendant-the counter-claimant must accept that the man is seriously flawed. It has not been right to regard the parties as equally flawed without regard to this matter.

At the end of the judgment of the case between the parties, the judgment given by the Local Court, shown above the date and number of the case of the woman accepted by the claimant-counter-claimant man, the case of the woman accepted by the claimant-counter-claimant man, in terms of defect determination, rejected alimony and compensation claims; the case of the man accepted by the claimant-counter-claimant woman, in terms of defect determination and:

1-according to the writings 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 fault in the appreciation of the evidence, all appeals of the plaintiff-Counter-Defendant man and the plaintiff-counter-claimant woman outside the scope of the following clauses are irrelevant.

2-although the court considered the parties equally defective and the divorce was decided, it is understood from the trial and the evidence collected that the plaintiff-defendant man said ‘he does not want his wife in his private life and does not want to be together in a sexual sense” in addition to the flawed behavior accepted and realized by the court. In the event of a divorce, the defendant-the counter-claimant must accept that the man is seriously flawed. It has not been right to regard the parties as equally flawed without regard to this matter.

3-above 2. as described in the paragraph, in cases leading to divorce, the plaintiff versus the defendant male is severely flawed, and this flawed behavior also constitutes an attack on the woman’s personal rights. Women’s benefit TMK m. l74 / l-2 conditions formed. In this case, the parties are considered equally flawed and the defendant-counter-claimant woman’s pecuniary and non-pecuniary compensation depending on the determination of this flaw (TMK m. 174/1-2) the refusal of his requests was not seen as right and required disruption.

Result: 2 above the appealed provision. and 3. the reasons shown in Paragraphs 1 above the other parts of the subject of Appeal, which are outside the scope of corruption. to be approved for the reason shown in the bent, to be loaded into the following mortar…, to be deducted from the advance mortar and TL 143.50. it was decided unanimously that there was no place to take any other fees since the application fee was received in advance and that the Advance Fee for the appeal should be returned to Mürüvet, who deposited it on request, within 15 days of the notification of this decision, the way to correct the decision was clear. 19.04.2018