T.SUPREME COURT OF C
2. Legal Department Principal No: 2016/25431
Decision No: 2018/11110
Decision date: 16.10.2018 Supreme Court decision
Court: Family Court
Case type: divorce

At the end of the judgment of the case between the parties given by the Local Court, the date above
the defendant-the case of the woman accepted by the plaintiff man, the woman
poverty support and compensation for benefit, child support provision for the benefit of children
appeal in respect of denial of the claim for moral compensation; hearing of the appeal review
the defendant-plaintiff who appealed on the 16.10.2018 day determined for the trial … and
his deputy didn’t show up. Counterparty plaintiff-defendant … deputy Av. … is here. After listening to the bride’s speech
it was deemed appropriate for the work to be examined and left until after the hearing to be decided. Today
all the papers in the file have been read and discussed and considered.:
1-Turkish Civil Code 166/1-2. marriage in order to be granted a divorce decree in accordance with the article
it is constant that the union is shaken from its foundation to such a degree that it is not expected of the spouses to maintain a common life
you must have.
In the concrete case, the court finds the defendant-plaintiff male and the plaintiff-defendant female to be grossly flawed.
marriage union is considered to be unbearable and it is decided to divorce the parties.,
from the trial and the evidence collected; hotel registration and file submitted between that date
from the photos, the woman reunited in a hotel room with the parties reconciling as her divorce proceedings continue
at least the plaintiff-defendant woman forgave each other so that they came and stayed one night.
he was understood to have welcomed it with tolerance. Based on events that are pardoned or met with indulgencesee also
no fault can be attributed to the parties and no divorce decision can be made. This situation occurred in the face of,
the pardoned defendant-plaintiff male has become immaculate. In that case, the case of the plaintiff-defendant woman
166/1-2 of the Turkish Civil Code. the terms of the divorce in the clause did not form.
For the reasons described, the woman’s acceptance of the divorce case should be decided to reject the right
if not, however, the divorce provision given in the case of the defendant – plaintiff man’s divorce is not the case of the appeal.
we are the subject of the woman’s case since the divorce provision is finalized by excluding shumulü
it is also seen to have become. In this case the plaintiff-defendant is concerned about the merits of the woman’s divorce case
no decision will be made. However, a decision on the merits as the case remains without issue
in cases where there is no need to be given, the judge shall have the right of the parties at the date of the trial.
according to the attorney fees and the costs of the trial shall be appreciated and assigned (HMK m. 331/1). In consideration of this point
a decision had to be made to overturn the provision to be made.
2 – from the scope of the entire file; defendant-plaintiff male while the woman’s divorce proceedings continue to another
in other words, on 12.06.2015 after the incident subject to affa, the Turkish Civil Code 161. otherwise 166/1. he substituted divorce proceedings, which merged based on his articles.
The court also agreed that the woman’s trust-jerking behavior in respect of the man’s combined case
however, the defendant-plaintiff male is found to be grossly flawed and the decision of acceptance in respect of both cases
has been given. 1 Above. as explained in the bent, the divorce proceedings of the plaintiff-defendant woman continue
while, the events subject to this case of the woman have been pardoned by the woman. After the pardons issue incident
the defendant-plaintiff man, upon learning of the existence of the woman’s trust-inducing actions, filed this case based on
as the court accepted in the divorce case, he also proved this claim. This
in the case, in the events leading to divorce, the man’s flawed actions are considered to have been pardoned
when taken, the plaintiff-defendant woman has become fully flawed. So, the defendant-plaintiff by the court
the man is considered to be more flawed than the plaintiff-defendant woman, and this erroneous defect
depending on the determination of the plaintiff-defendant woman benefit financial and non-pecuniary compensation (TMK m.174/1-2)
ile poverty alimony (TMK m.175) judgment, that the defendant-plaintiff male is also grossly flawed
since the book is spiritual (TMK m. 174/2) the decision to reject the request was not hit and
it must have been disruptive.
3-custody of Alperen born in 20006, Zeynep born in 2008 and …born in 2010
the plaintiff-defendant is left to the mother.
In the custody arrangement; in case of conflict of parent and Child Benefit, for the benefit of the child
recognition of superiority is necessary. The benefit of the child is the best physical, intellectual and moral aspects of the child.
in order for the child to develop in such a way and to achieve such a development, social, economic and
cultural conditions are provided. When determining the superior benefit of the child in these matters;
if he had become an adult, what decision would he make for his own benefit in an event of concern to him?
the decision that the person in the decision-making authority for the child should make in the same direction, if he or she could.;
in other words, the child’s hypothetical opinion will be based on.
Custody is about public order and the principle of re’sen research applies. Therefore, during the trial
even the developments that have taken place need to be considered.
12 Of The United Nations Convention On The Rights Of The Child. the exercise of the rights of the child article
3 and 6 of the relevant European Convention. articles deemed to have sufficient cognition by domestic law
to allow children to express their views in cases involving them; and
it stipulates that the importance of their views should be given. Children’s superior benefit entailed
it is possible to decide contrary to their views. Custody issue, involving children
it comes at the top of the issues.
The court’s decision on the custody of common children, who are under the age of understanding due to their age, was made without recourse to their opinions. Therefore the co-education of children in person or through istinabe,
culture, informed about where he wants to live in terms of living opportunities, custody
his preference to be asked by the judge (Supreme Court HGK 16.03.2012 date 2011/2-
884 Esas – 2012/197 resolutions with 22.01.2014 dated 2013/2-2085 Esas – 2014/30 resolutions) and
if necessary, again psychologists, pedagogues and social workers in the nature of experts or experts (Law No. 4787 m.5) housing and living conditions of the common child with the parents
evaluate the content of the social Review report to be taken and all the evidence is evaluated together,
it is determined which of the parents will be in the best interest of the child to stay with, according to the result
while a decision should have been made, it was not appropriate to make a written decision with incomplete examination.
Result: above the appealed provision (1.), (2.) and (3.) with the reasons shown in the paragraphs
Spoiling, (3.) for the benefit of the children of the defendant-claimant man according to the reason for the breach in the clause
appeals against the provision of child support have no place to be reviewed for the time being, appeals
to return the advance fee to the Depositor upon request, within 15 days from the notification of this decision
the decision was unanimous, with the path to correction clear.