In The Case Of Divorce, In Favor Of The More Defective Woman, Alimony And Compensation Can Be Ruled? - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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In The Case Of Divorce, In Favor Of The More Defective Woman, Alimony And Compensation Can Be Ruled?

22 Jan In The Case Of Divorce, In Favor Of The More Defective Woman, Alimony And Compensation Can Be Ruled?

Posted at 21:21h in General by
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In the event of divorce, the parties may request material-moral compensation and alimony from each other pursuant to Articles 174 and 175 of the Turkish Civil Code. However, for both the material and moral compensation claim and for the acceptance of the alimony demand, the law explicitly requires that the other party is less defective or impeccable. Arrangements for compensation and alimony that may be requested in the case of divorce are set out in Articles 174 and 175 of TMK.

 

TMK Article 174;

, The improper or less flawed party whose current or expected interests are damaged by divorce may seek appropriate material compensation from the defective party. Because of the events that caused the divorce, the party whose right to the person’s right was attacked may ask the other party to pay the appropriate amount of money as a moral compensation. Kusur

 

and TMK Article 175;

Divorce due to poverty in the side, the defect is not more severe, on the other hand for the sake of living in the form of financial force may request indefinitely in child support. The defect of the child supporter is not sought.

As seen in the form of arrangements in the form of divorce cases in the case of material – moral compensation and poverty alimony can be found. However, the law explicitly called for the failure of the requesting party to accept the request of the applicant. In the light of these arrangements made in the law, it was accepted that the demand for material – moral compensation and alimony requests in the case law of the Supreme Court should be perfect or less imperfect.

 

2. Legal Department of the Supreme Court: 2016/11706 and K: 2016/12145, dated 23.06.2016;

As explained in paragraph 1 above, the defendant woman is completely flawed in the events that cause divorce. Turkish Civil Code 174/1. and the conditions of Article 2 have been created for the benefit of men. According to this situation, while the appropriate amount of material and non-pecuniary compensation for the benefit of the claimant male should be determined, the rejection of the request was not found correct.

 

3- The party falling into poverty due to divorce may demand alimony indefinitely in the form of financial power, on the other hand for its subsistence, provided that the defect is not more severe. (TMK m. 175) It cannot be fully appreciated the poverty alimony for the benefit of defective women. Therefore, the woman in the form of poverty alimony is rejected, the written acceptance was not correct.

In other words, divorce cases in favor of women in all conditions with material and non-pecuniary damages to be ruled out. In the process of litigation, if the man proves that the woman is more severely flawed or completely flawed in divorce, both the Supreme Court decisions and the Articles 174 and 175 of the Supreme Court of Appeals are determined.

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