If The Wife Names The Child Without Asking To Her Husband He Can Ask Court For Cancellation

24 Aug If The Wife Names The Child Without Asking To Her Husband He Can Ask Court For Cancellation

2. Legal Department

Base Number: 2016/26017

Decision Number: 2017/14036

“Case Law Text”

Court :Family Court
Case type: Judge’s intervention in marriage Union

At the end of the reasoning of the case between the parties, the decision given by the Local Court, the date and number shown above, was appealed by the plaintiff, the documents were read and discussed and considered in accordance with the decency:
Plaintiff father, 21.09.2016 the common child born on the mother of the defendant without notice to him the name“…”, the name of the common child can be decided by the compromise of the mother and father, stating that the Turkish Civil Code 195. according to the article, and demand the intervention of the judge in this matter sued by the court; “population according to relevant provisions of Act No. 5490 services, birth notices can be done by the mother of a child and the mother and her partner legal name alone is not a barrier to” the case dismissed on the grounds that it granted judgment was appealed by the plaintiff.
From the scope of the registration of the parties; it is understood that the parties were married on 13.09.2014, the common child was born on 21.09.2016 and the name of the child was registered in the population as “…” with the application of the defendant mother to the population Directorate on 28.09.2016.
The child is named after his parents (TMK m. 339/5). If the obligations arising from the Union of marriage are not fulfilled or there is a dispute over an important issue related to the Union of marriage, the spouses may request the intervention of the judge separately or together. The judge warns the spouses of their obligations; he tries to reconcile them and may seek the assistance of expert persons with the joint consent of the spouses. If necessary, the judge shall take the measures provided for in the law at the request of one of the spouses (TMK m. 195). Birth notification; parent, guardian, trustee, in the absence of them, the child’s grandparents or adult siblings, or those who keep the child with them (5490 S.k m. 15/5).
15/5 of the law on Population Services, on which the court is based, is not a regulation on the naming of the child. in the article, the notification of Birth event is organized. As stated above the legal grounds; the expression that separates you from other people as his person the child, ensuring the child’s name and a concept to distinguish the people in the same family his parents put together. However, if the parents disagree about the name of the child within the scope of the custody right, the parents may request the intervention of the judge separately or together. In that case, the evidence shown by the parties by the court was duly collected and requested, 195 of the Turkish Civil Code. it is necessary to make a decision within the framework of the procedure shown in the article, while the establishment of a provision in writing is not correct, it requires a violation.
Conclusion: it was unanimously decided that the Appellate provision should be broken for the reason shown above, that the appellate advance fee should be returned to the Depositor upon request, and that the way to correct the decision should be clear within 15 days of the notification of this decision. 04.12.2017 (Mon.)