2. Legal Department
Principal Number: 2019/5569
Decision Number: 2019/12075
“Justice Text”
COURT: Konya Regional Court of Justice 2nd Civil Chamber
TYPE OF CASE: Divorce
At the end of the proceedings of the case between the parties, the judgment given by the legal department of the regional court of appeal, the date and number of which is shown above, by the plaintiff woman in terms of measures and alimony; The defendant man, on the other hand, made an appeal in terms of determination of fault, alimony and compensations, the document was read and the necessity was discussed and considered:
1-According to the writings in the file, the evidence on which the decision is based and the lawful reasons, and especially that there is no mistake in the appraisal of the evidence, all the objections of the defendant man and the plaintiff woman, which are outside the scope of the following subparagraph, are unfounded.
2-As a result of the trial of the divorce case filed by the woman, by the court of first instance; It was decided that the parties divorced pursuant to TMK 166/1, that the man was completely at fault, that material and moral compensation be paid in favor of the woman, that the woman’s request for caution and alimony was rejected. refusal of measures and alimony by the defendant man; Upon the application of the appeal legal remedy in terms of fault detection and compensation, the regional court of appeals decided to reject all the objections of the man on the ground that the man was completely defective, and the objections of the woman, except for the objections regarding the measure and alimony, on the merits, and the judgment was appealed by the parties for the same reasons.
Regarding the objection of the plaintiff woman regarding the measure and alimony, by the regional court of appeal, the second paragraph of the first-instance court’s decision was removed and instead it was stated that “200 TL alimony will be taken from the defendant and given to the plaintiff, to be valid from the date of the case and not to cause repeated alimony, the continuation of 350 TL per month as alimony, the dates of 12/06/2018 when the man was imprisoned and the date of conditional release 04/12/2019
It was decided to write the sentence “not to be held responsible for alimony between The fact that the defendant man is detained or convicted in the penal institution for a while does not require him to be held responsible for alimony. Since it has not been realized that the plaintiff woman was seriously flawed in the events that led to the divorce and it is clear that she would fall into poverty due to divorce, while the appropriate amount of poverty alimony should be awarded (Turkish Civil Code 175) for the benefit of the plaintiff woman, as of the finalization of the decision; With the arrangement made by the regional court of appeal for the benefit of the defendant, the man was not held responsible for alimony between the dates of 12/06/2018 when he was imprisoned and the date of conditional release, 04/12/2019, and the provision was not found to be correct, and it required annulment.
CONCLUSION: The appealed verdict is OVERFINED for the reasons indicated in the paragraph (2) above, the other parts of the appeal that are outside the scope of the reversal are APPROVED for the reason stated in the paragraph (1) above, the following fee is charged to the appellant, the deduction of the advance fee is 218.50 TL. Since the appeal fee is paid in advance, it was unanimously decided that there was no need to charge any further fees, that the plaintiff who paid the appeal fee should be returned, and that the file be sent to the relevant regional court of appeals legal chamber. 10.12.2019 (Tuesday)
