15 Aug The Man Who Kicked His Wife Out of The House Is Faulty
- Legal Department
Base Number: 2016/24716
Decision Number: 2018/10846
“Case Law Text”
Court :Family Court
Case type: divorce
At the end of the reasoning of the case between the parties, the provision given by the Local Court, the date and number shown above, was appealed by the plaintiff woman in terms of the determination of defects, rejected compensation, poverty and denial of alimony measures, as well as the amount of alimony for a subsidiary, the documents were read and discussed and considered decriminalized:
1-according to the articles 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 error in the evaluation of the evidence, the appeals of the plaintiff woman, which are outside the scope of the following paragraphs, are unwarranted.
2-by the court; “the plaintiff woman does not love the defendant’s wife, says she does not want, often leaves the joint residence, the defendant man also throws the woman out of the house” on the grounds that the parties are considered to be severely defective in cases that lead to divorce, the plaintiff woman is also less defective in material and moral compensation of the plaintiff woman (TMK m.174/1-2) their request was rejected.
In accordance with articles 129/1-d-E of the Code of Civil Procedure 6100 in force on the date of the case, the defendant must show all the cases that are the basis of his defense under the ordinal number and with their clear summaries, and with what evidence each case put forward as the basis of the defense will be proved in the response petition.
In the concrete case, the defendant did not file a request for answers during the period of the male and did not rely on witness evidence. The period given at the preliminary examination stage for the notification of unbearable evidence does not result, and the statements of witnesses that the defendant did not report during the period cannot be taken into account in the determination of the defect (HGK 20/04/2016 date, 2014/2-695 b. and resolution 2016/522). In this case, it is not right for the court to impose defects on the plaintiff on the basis of evidence and witness statements that were not duly put forward by the defendant yanca. According to the defective behavior of the defendant, which is finalized without appeal, in cases that lead to divorce; it is necessary to admit that the defendant man who kicked his wife out of the house is completely defective, and the plaintiff woman’s admission that she is severely defective is wrong and requires a violation.
3-above 2. as explained in the bent, in the events that lead to divorce, the defendant is completely flawed. Imperfect behavior that occurs also constitutes an attack on a woman’s personal rights. Material and moral compensation for the benefit of the plaintiff woman (TMK m.174/1-2). The refusal of the claimant’s requests for material and moral compensation due to the parties ‘ erroneous determination of the defect was not considered correct.
Conclusion: 2 above the appellant provision. and 3. for the reasons given in paragraphs CORRUPTION, provision 1 outside the scope of the reversal of the above sections subject to appeal. it was unanimously decided that it should be upheld for the reason shown in the paragraph, that the advance costs of the appeal should be returned to the deposit upon request, and that the way to correct the decision was open within 15 days of the notification of this decision. 09.10.2018 (Tuesday)
No Comments