13 Apr Forgiveness Of The Wife Who Suffered Physical Violence To The Other Wife
T.C. SUPREME
2. Legal Department Principal No: 2015/19054
Decision No: 2016/11164 Decision Date: 06.06.2016
The Decision Of The Supreme Court
Court: Family Court
Case type: divorce
At the end of the judgment of mutual divorce cases between the parties, the Local Court
the verdict given, shown above date and number, is a defect determination by the defendant male,
reparations and alimony in terms of Appeals, documents were read and discussed and considered:
1-the articles in the file, the evidence on which the decision is based and the reasons in accordance with the law and especially the evidence
according to the fact that there is no wrongdoing in his discretion, the defendant shall be excluded from the scope of the following clause:
appeals are unwarranted.
2-the court shall dissolve the marriage union of the parties in accordance with article 166/1 of the Turkish Civil Code
they have been granted a divorce due to legal reasons. That the defendant was physically violent to his wife
even though it was decided on the grounds of non-pecuniary compensation for the benefit of the claimant woman; the investigation and
from the evidence gathered, after the case of physical violence, the parties come together to continue the marriage union
so that the plaintiff woman forgives the defendant, at least with leniency.
it is understood. Another material incident as an attack on the civil rights of the claimantsee also
it could not be proven. In this case, the plaintiff is entitled to the woman’s non-pecuniary compensation (TMK m. 174/2) rejection of his request
while it should have been, its acceptance was not found to be correct.
Result: 2 above the appealed provision. in terms of moral compensation for the reason shown in the article
If the parts of the corruption are out of the scope of the corruption 1. for the reason shown in the bent
To be upheld, to be returned to the Depositor upon request of the appeal advance fee, from the notification of this decision
within 15 days from the date the decision was decided by unanimous decision to clear the way for correction.
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