2. Legal Department
2021/3136 Main ,
2021/3975 Decision
“Justice Text”
COURT: Ankara Regional Court of Justice 28th Civil Chamber
TYPE OF CASE: Mutual Divorce
Given by the local court at the end of the trial of the case between the parties, the above date
and the numbered provision is determined by the claimant-counter-defendant woman by way of participation.
in terms of acceptance, determination of fault, amount of compensations and amount of alimony; defendant-counterplaintiff
Acceptance of the woman’s case and her associates by the man, determination of fault and his own claim for compensation
By appealing in terms of refusal, the document was read and the necessity was discussed and considered:
1- The articles in the file, the evidence on which the decision is based, the legal reasons and especially the evidences.
According to the fact that there is no mistake in the discretion of the defendant-counter-plaintiff, all of the plaintiff-counter-defendant man
The woman’s objections to the appeal, which are outside the scope of the paragraph below, are unfounded.
2- The social and economic conditions of the parties, the nature of the alimony, the economic situation of the day.
According to the conditions of the joint child born in 2015 … child support is less appreciated.
Considering the principle of equity in Article 4 of the Turkish Civil Code, the court decided that
An appropriate amount of alimony must be awarded. Making a provision in writing without considering this direction
is against the law.
3- The social and economic conditions of the parties, the nature of the alimony, the economic situation of the day.
According to the conditions of the plaintiff-counter-defendant, the amount of alimony awarded for the benefit of the woman is low. by the court
Considering the principle of equity in Article 4 of the Turkish Civil Code, a more appropriate amount
alimony must be paid. Without considering this aspect, the establishment of a written provision is subject to the procedure and law.
is contrary.
CONCLUSION: IF the appealed judgment is VOID for the reason indicated in the 2nd paragraph above, the judgment is overturned.
above l. APPROVED for the reason indicated in the paragraph,
The following approval fee and appeal application fee, which were not paid at the beginning, are charged to Mehmet.
to be taken, to return the appeal fee to Nigar, who deposited it upon request, to file the file with the relevant region
It was unanimously decided to send him to the court of law. 26.05.2021 (Wed.)
