22 Apr THE COMPLETELY DEFECTIVE SPOUSE FILED FOR DIVORCE – THE DECISION OF THE SUPREME COURT
T.C.
SUPREME COURT
2. law office
E. 2015/16407 K. 2016/7878 T. 19.4.2016
SUE : at the end of the case between the parties is made by the Local Court of the code of the given number shown above, the dates and the judgment of the plaintiff-the defendant by men against women, the case of the acceptance of the defect to determine alimony and for the benefit of the woman, perform damages and attorneys ‘ fees in terms of the defendant-plaintiff against the female by the male imposed a case of the acceptance of the appeal in terms of the amount of compensation and the benefit of the length of alimony, it was thought that discussed the need to read the paperwork:
RESOLUTION : all file scope and the court’s acceptance of the evidence collected as the plaintiff-the defendant against the mother of the man’s wife, “your daughter leave the house or I’ll kill you” she threatened and kicked out by stating the woman, the plaintiff-is completely flawed man against the defendant, the defendant-plaintiff against a woman in Kabul was not a defect, it is understood that proof of the existence of attribution.
166 of the Turkish Civil Code No. 4721. it is necessary not to interpret and evaluate the provision of the article in such a way that the fully defective spouse can also file a lawsuit and obtain a divorce provision for his benefit. Because such an idea would be contrary to the basic legal principle that no one can obtain a right based on their own actions and purely on their own fault. On the other hand, such a thought again reveals the phenomenon of divorce that is contrary to our system with a unilateral will. A person who wants to obtain a divorce, without any actions and behavior of the other party, shakes the marriage union to such an extent that it is not expected to continue, and then, since the union has now been shaken, he can demand that a provision be made in accordance with the divorce. If so, Article 166 of the Turkish Civil Code. according to the article, in order to request a divorce, there is no need to be completely perfect or less imperfect, and even the party who is more defective has the right to sue, but in order for a divorce to be decided, the defendant has a slight defect and it is inevitable that it will be determined. If the less defective spouse opposes the divorce, even the determination of this state cannot be sufficient to make a divorce decision alone. The opposition of a less defective spouse should be an abuse of the right, it should be understood that there is no benefit worth protecting for the spouse and children (TMK m. 166/2 ).
According to the current events, it is undoubtedly that the marriage union has been shaken from its foundation to such an extent that its continuation is not expected from the spouses. However, the achievement of this result was entirely due to the attitude and behavior of the plaintiff-defendant, and no defects attributable to the defendant-plaintiff were realized. In this case, it is against the procedure and the law to decide on a divorce by making a mistake in the interpretation of the provisions of the law, while the claimant-counter-defendant man’s divorce case should be rejected for the reasons described.
CONCLUSION : provision of Appeals for the reason shown above, corruption, destruction cause according to the re-establishment of necessary provision for the case of a woman that is becoming the poet appeals of Appeals objections of the parties by now whether to study for appeal fees in advance upon request, to return those who have a deposit of or more, this decision within 15 days of the receipt of the decision to open the way for the correction of 19.04.2016 on the day it was decided unanimously.
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