2. Legal Department
Base Number: 2015/8680
Decision Number: 2016/178
“Justice Text”
COURT: Civil (Family) Court of First Instance
At the end of the trial between the parties, the judgment given by the local court, whose date and number is shown above, was appealed by the plaintiff-counter-defendant man for both cases; by requesting that the appeal examination be held with a hearing; On the date of 11.01.2016, which was determined for the hearing, the plaintiff-defendant… attorney Atty…….. and the opposing party defendant-plaintiff….. attorney Atty….. came. After listening to the speeches of the attendees, it was deemed appropriate to leave it until after the hearing for the matter to be examined and decided. Today, all the papers in the file were read and discussed and considered:
1- The articles in the file, the evidence on which the decision is based, legal reasons and especially the fact that a person lives in a village and the number of friends on his facebook profile cannot be accepted as proof that this person has acted unfaithfully, nor can it be considered as distrustful behavior, so the infidelity of the plaintiff-counter-defendant man cannot be proven, neither However, according to the understanding that the plaintiff-counter-defendant man, who forced the woman to live with his family, did not help his wife in the IVF treatment, and caused the de facto separation by saying I’m like this, that he was completely at fault in the events that led to the divorce, the appeal of the plaintiff-counter-defendant man, which is out of the scope of the following subparagraphs, objections are unfounded.
2- The purpose of non-pecuniary compensation in divorce is to compensate the deteriorated mental balance of the party whose personality rights were attacked due to the events leading to the divorce and to compensate for the decrease in their moral values. Therefore, there must be a reasonable ratio between the act that violates personal rights and the amount of compensation. The appraisal of moral compensation in an amount that will lead to the enrichment of one party deflects the institution from its purpose. While the judge determines the amount of compensation, on the one hand, the economic and social status of the party whose personal rights are damaged, whether there is a fault in the divorce, and the degree of fault, if any, and the gravity of the act; On the other hand, it has to take into account the degree of fault, economic and social situation of the person who violates personal rights. Considering the principles explained, the amount of non-pecuniary damage appraised for the benefit of the defendant-counter-plaintiff woman was not in accordance with the principle of proportionality and was found to be excessive. Considering the principle of equity in Article 4 of the Turkish Civil Code, a more appropriate amount of compensation should be appraised, but it was not found correct to make a written provision.
3-Divorce cases are subject to fixed decision and verdict fees. If pecuniary and non-pecuniary damages and alimony, which are an annex to the divorce, are requested together with the divorce case, a separate relative fee is not required over the requested amount. Instead of deciding to charge a fixed decision and verdict fee in accordance with the tariff in force as of the date of the decision, it is also inappropriate to charge a relative decision and verdict fee, taking into account the amount of non-pecuniary damage.
CONCLUSION: The appealed judgment is OVERFINED for the reasons indicated in the 2nd and 3rd paragraphs above, and that the other parts of the appeal, which are outside the scope of the annulment, are above l. APPROVED by changing the grounds of the divorce decree for the reason stated in the paragraph, that the attorney fee of 1.350.00 TL for the hearing be taken from … It was unanimously decided.11.01.2016(Mon.)
