Law office
Principal Number: 2016/24716
Decision Number: 2018/10846
“Justice Text”
COURT :Family Court
TYPE OF CASE: Divorce
The judgment given by the local court at the end of the proceedings of the case between the parties, the date and number of which is shown above, was made by the plaintiff woman; The document was read and the necessary considerations were considered, by appealing in terms of the determination of fault, the rejected compensations, the refusal of poverty and the refusal of the child support and the amount of the child support:
1-According to the writings in the file, the evidence on which the decision is based and the legal reasons, and in particular, there is no mistake in the appraisal of the evidence, the appeal objections of the plaintiff woman, which are outside the scope of the following paragraphs, are unfounded.
2- Court; In the events that led to the divorce on the grounds that “the plaintiff woman said that she did not love and did not want the defendant’s husband, she frequently left the common house, and the defendant man kicked her out of the house”, it was accepted that the plaintiff woman was heavily flawed and the defendant man less flawed, and the plaintiff woman’s material and moral compensation claims were accepted. has been rejected.
Pursuant to Articles 129/1-d-e of the Code of Civil Procedure numbered 6100, which was in force at the date of the case, the defendant must show in the reply petition all the facts that are the basis of his defense, under the serial number and together with their clear summaries, and with which evidences each case put forward as the basis of the defense will be proved.
In the concrete case; the defendant man did not submit a reply petition in due time and did not rely on the evidence of the witnesses. The time given at the preliminary examination stage for the reporting of the unsupported evidence is ineffective and the statements of the witnesses that the defendant did not report in due time cannot be taken into account in determining the fault. In this case, it is not correct to blame the plaintiff woman on the basis of the evidence and witness statements that were not duly put forward in due time by the court. In the events leading to divorce, according to the faulty behavior of the defendant man, which is not appealed; It is necessary to accept that the defendant man, who expelled his wife from the house, is completely flawed, and the acceptance that the plaintiff woman is seriously flawed is wrong and necessitated breaking it.
3- As explained in the second paragraph above, the defendant man is at fault in the events leading to the divorce. The faulty behaviors that take place also constitute an attack on the personal rights of women. Conditions for material and moral compensation have been established for the benefit of the plaintiff woman. Depending on the faulty determination of the parties, the rejection of the claimant’s material and moral compensation requests was not considered correct.
CONCLUSION: It is decided within 15 days from the notification of this decision, that the appealed judgment be quashed for the reasons indicated in the 2nd and 3rd paragraphs above, that the parts of the appeal that are outside the scope of the reversal of the judgment be APPROVED for the reason stated in the 1st clause above, that the appeal fee be returned to the depositor upon request. It was unanimously decided that the way of rectification was open. 09.10.2018
