18 Apr Your Husband’s Relationship With Another Woman Is a Matter Of Moral Compensation
The marriage union established between the divorce and the parties is terminated by a court order. Litigation rights arising from the termination of the marriage due to divorce (financial – moral compensation, poverty support) may be claimed together with the divorce case or may also be claimed by filing a separate lawsuit within 1 year period from the finalization of the divorce decision.
174/2 Of The Turkish Civil Code No. 4721. according to the article, it is stipulated that the party whose right to personality is attacked because of the events that lead to divorce may ask the other party who is defective to be paid an appropriate amount of money as moral compensation.
Moral compensation is an accepted form of satisfaction (or compensation) in order to fulfill the deteriorating spiritual balance, and in case the events that lead to divorce constitute an attack on the rights of the person, moral compensation shall be ruled.
The husband’s cheating on his wife with another woman in the Union of marriage, the Turkish Civil Code 174/2. in the sense of substance, it is regarded as the existence of an attack on the rights of persons. Therefore, as a result of the husband’s cheating on his wife with another woman, the aggrieved wife has the right to claim moral compensation from her husband either in conjunction with the divorce proceedings or in a lawsuit filed after the divorce proceedings.
The sample Supreme Court decision on the issue is as follows:;
T.C.General Assembly of the Supreme Court of Judicature E. 2010 / 0K. 2010 / 220K. T. 14.4.2010
“(…1-according to the writings in the file, the evidence on which the decision is based and the legal grounds and especially in the case of acceptance or rejection of the compensation which is the equivalent of the divorce requested in the divorce case, it is not possible to award the power of attorney fee in favor of the claimant over the agreed amount and for the benefit of the other
2.the moral compensation for the benefit of the claimant woman is many, taking into account the economic and social situations identified by the parties, the purchasing power of money, the degree of defect and especially the events that are offensive to the rights of the person.
4 Of The Turkish Civil Code. with the principle of fairness in Article 44 of the Code of Obligations. and 49. taking into consideration the provisions of the more appropriate amount of moral compensation (TMK174/2) in writing, the establishment of the provision required to be overturned…) at the end of the re-trial on the grounds of being overturned and turned back instead of the file; in terms of moral compensation, the court was resisted in the previous decision.
Appellant: acting defendant
RESOLUTION OF THE GENERAL ASSEMBLY OF THE LAW
The law was examined by the General Assembly after it was understood that the decision to resist was appealed during the period and the papers in the file were read.:
The case is related to the request for divorce, pecuniary and non-pecuniary compensation and poverty alimony.
Plaintiff (woman) attorney, defendant wife (husband) 2.5-3 years ago, having completely abandoned the common life, began to live a husband-wife life with a woman, this woman’s informal association with the child, stating that the basis of the marriage union shake due to divorce of the parties, client in favor of 50,000 YTL (TL) material, 150.000 YTL (TL) moral compensation and alimony
The respondent (husband) is an attorney, and his client did not accept requests outside of divorce has been with a woman, and this woman is a child, the plaintiff first found out this combination of pissed, then specify that this situation meets with tolerance; alimony, pecuniary and non-pecuniary damages for the denial of requests defended his decision.
It is not a matter of contention between the parties that the defendant’s husband lives a husband-and-wife life with another woman and has a child with that woman.
The plaintiff’s request for financial compensation (related to the property regime) has been elaborated from this file.
The court’s decision on the acceptance of the divorce case filed by the plaintiff, the partial acceptance of the case for moral compensation, the rejection of the alimony case, on the appeal of the attorneys of the parties, was overturned by the special office in terms of moral compensation for the reasons mentioned above, and the court’s decision in terms of moral compensation was resisted.
The provision regarding divorce, custody, personal relationship, poverty and child support between the parties has been finalized and is non-dispute.
The dispute which comes before the General Assembly of law through resistance is collected at the point of whether the amount of non-pecuniary compensation amounting to try 75,000 is exorbitant or not, given the financial situation of the parties and the rate of defect, which is ruled for the benefit of the plaintiff woman.
174/2 Of The Turkish Civil Code No. 4721. according to the article, it is stipulated that the party whose right to personality is attacked because of the events that lead to divorce may ask the other party who is defective to be paid an appropriate amount of money as moral compensation.
Moral compensation is an accepted form of satisfaction (or compensation) in order to fulfill the deteriorating spiritual balance, and in case the events that cause divorce constitute an attack on the rights of the person, moral compensation is ruled (Kılıçoğlu, Mustafa: Compensation Law, Legal publishing, Istanbul 2010, p.1036, 1369; Reisoğlu, Safa: law of Obligations General Provisions, Beta reprint, Istanbul 1998, p.179 et al.; Oguzman/Dural: Family Law, Filiz Kitabevi, Istanbul 1994, p.144-145; Tekinay, P.Sulhi: Turkish family law, Filiz Kitabevi, Istanbul 1990, p.261-262; Oğuzman, Kemal: law of Obligations General Provisions, Filiz Kitabevi, Istanbul 1995, p.641; See also YIBK.22.06.1966-7/7)
In the case of a husband cheating on his wife with another woman, in the case of gross insult, the existence of an attack on his personal rights is accepted. (Kılıçoğlu, Mustafa: Compensation Law, Legal publishing, Istanbul 2010, p.1031 et al.; Reisoğlu, Safa: law of Obligations General Provisions, Beta reprint, Istanbul 1998, p.183-184; Oguzman/Dural: Family Law, Filiz Kitabevi, Istanbul 1994, p.145; Tekinay, P.Sulhi: Turkish family law, Filiz Kitabevi, Istanbul 1990, p.262; Oguzman, Kemal: a.g.e., P.655)
From the entire file scope it is fixed that the defendant husband cheated on his wife with another woman, and the marriage union therefore ended. The fault cannot be traced to the events that led to the divorce of the plaintiff.
In that case, the amount of non-pecuniary compensation given in proportion to the economic situation of the defendant husband from the documents in the file is in place and the decision to resist which is in accordance with the procedure and the law must be upheld.
RESULT
With the rejection of the appeal appeals of the defendant’s attorney, it was decided by a majority on 14.04.2010 that the decision to resist was upheld for the reasons described above, and that since the required appellate charge was received in advance, no other charge was taken.”
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