Law office
Base Number : 2015/26643
Decision Number: 2016/2356
“Islamic 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 appealed by the plaintiff man, the document was read and the necessary was discussed:
1- Since the plaintiff man, with his petition dated 26.12.2014, stated that he waived his statement regarding the appeal of the divorce decision, it was necessary to reject the appeal against this issue due to waiver.
2-As for the examination of the appellant’s appeals other than divorce;
a-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, the appeal objections of the plaintiff man, which are out of the scope of the paragraph below, are unfounded.
b- From the evidence gathered, it is understood that the defendant woman filed a divorce case with the file numbered 2012/512 at the Körfez Civil Court of First Instance on 11.07.2012 and the woman renounced this case on 09.04.2013. In this case, it must be accepted that the faults caused by the husband before the waiver date are forgiven, or at least tolerated. Events that are forgiven or tolerated cannot be grounds for divorce. In the events that led to the divorce, the defendant woman, who did not take the plaintiff man home and received his salary, is fully faulty, and poverty alimony and material and moral compensation are not given for the benefit of the fully faulted spouse. While this is the case, it is not correct to accept the claimant man as fully faulted and to award alimony and material and moral compensation even though the conditions for the benefit of the defendant woman are not met due to this faulty determination, it is not correct and necessitated breaking it.
CONCLUSION: The appealed judgment is OVERFINED for the reason indicated in 2/b above, the parts subject to the appeal that are outside the scope of reversal are APPROVED for the reason indicated in 2/a above, and the appeal of the plaintiff man’s appeal against the accepted divorce case is REJECTED for the reason indicated in the 1st paragraph above, the request It was unanimously decided that the appeal fee be returned to the depositor, in case of an appeal, within 15 days from the notification of this decision, with the possibility of rectification open. 12.02.2016
