2. Legal Department
Base Number: 2015/10721
Decision Number: 2016/327
“Justice Text”
COURT: Family Court
TYPE OF CASE: Mutual 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 appealed by the plaintiff-counter-defendant woman in terms of both cases, the document was read and the necessary was discussed:
Although the court decided to reject the divorce case by accepting that the plaintiff-counter-defendant woman was completely at fault in the events leading to the divorce, from the investigation and the evidence collected; It is understood that the defendant-counter-plaintiff scolded and shouted at her husband in front of others, cursed at her husband and family by calling them “disgraceful”, acted physically violent by walking on her husband, and fired her husband and family by saying, “Get your daughter and go.” In this case, there is a conflict between the parties that will shake the common life to its foundation and will not allow the continuation of the union. In the face of the events that took place, the plaintiff-counter-defendant woman is also right to file a lawsuit. While it should be decided to accept the divorce case of the plaintiff-counter-defendant woman, the written rejection was not considered correct due to a mistake in the appreciation of the evidence.
CONCLUSION: The appealed judgment was OVERFINED in terms of the rejected divorce case of the plaintiff-counter-defendant woman due to the reasons stated above, since the divorce case of the defendant-counter-plaintiff man will be re-judged based on the reason for the reversal, there is no room for examining other appeals for now, the appeal fee is returned to the depositor upon request, Within 15 days from the notification of this decision, it was unanimously decided, with the possibility of rectification open.11.01.2016
