Law office
Base Number: 2020/1277
Decision Number: 2020/2521
“Justice Text”
COURT: Istanbul Regional Court of Justice 11th Civil Chamber
TYPE OF CASE: Divorce
At the end of the proceedings of the case between the parties, the judgment given by the regional court of law, the date and number of which is shown above, was rejected by the plaintiff woman in terms of the moral compensation claim and the amount of the pecuniary compensation was appealed, the document was read and the necessary was discussed:
1-According to the writings in the file, the evidence on which the decision is based and the lawful 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 paragraph, are unfounded.
2- Determined by the court and accepted by the regional court of appeal, “He who does not take care of his wife, who is not with his wife during pregnancy and childbirth, who spends most of his time at work and with his friends, who does not come home until late, who does not take his wife and mother-in-law home, who does not come home afterward and does not come home. “The man, who does not want to be with his wife even on special days, is completely at fault in the events that caused the divorce, and these faulty behaviors also constitute an attack on the personality rights of the plaintiff woman. 174/2 of the Turkish Civil Code for the benefit of women, taking into account the economic and social conditions of the parties and the rules of equity. While it is necessary to decide on non-pecuniary damage pursuant to the article, the rejection of the request for non-pecuniary damage in writing was not correct, necessitating revocation.
CONCLUSION: For the reason indicated in the 2nd paragraph above, the decision of the regional court of appeal was REVOCED, the decision of the first-instance court was quashed, and that the other parts subject to the appeal, which are not within the scope of reversal, are stated above in l. It was unanimously decided to APPROVE for the reason stated in the paragraph, to return the appeal fee to the depositor upon request, to send the file to the court of first instance, and to send a copy of the decision to the relevant regional court of appeals law office. 03.06.2020
