T.C.
SUPREME
- LAW OFFICE
E. 2015/16407 K. 2016/7878 T. 19.4.2016
CASE: The decision given by the local court at the end of the trial between the parties, the date and number shown above, was appealed by the plaintiff-counter-defendant man in terms of acceptance of the woman’s case, decriminalization, poverty alimony and compensation for the benefit of the woman and the power of attorney fee; and by the defendant-counter-plaintiff woman, acceptance of the man’s case was appealed in terms of the amount of compensation and alimony for the benefit of the man, and the document was read and considered as necessary:
DECISION : From all the file coverage and collected evidence; As the court accepts, the plaintiff-counter-defendant man expelled and threatened the woman from the house by saying to the wife’s mother, “take your daughter out of the house, or I will kill her,” the plaintiff-counter-defendant man is completely defective, and the defendant-counter-plaintiff woman attributable to the presence of a defect can not be proven.
166 of the Turkish Civil Code No. 4721. it is necessary not to interpret and evaluate the provision of the article in the form that a completely defective spouse can also file a lawsuit and obtain a divorce provision for the benefit of it. Because such a thought contradicts the basic legal principle that no one can get a right based on his own action and purely on his own fault. On the other hand, such a thought again reveals the phenomenon of a divorce that is contrary to our system by unilateral willpower. A person who wants to get a divorce can shake the marriage union from its foundation to an extent that it cannot be expected to continue, without any actions and behavior of the other party, and then demand that a provision be made in accordance with the divorce, saying that the union is now shaken. If so, it is 166 of the Turkish Civil Code. according to the article, in order to request a divorce, it is not necessary to be completely flawless or less imperfect, even the party that is found to be more imperfect has the right to sue, but in order to decide on a divorce, it is inevitable that the defendant has a little defect and it will be determined. If a less imperfect spouse opposes a divorce, even determining this state cannot be enough to make a divorce decision alone. The opposition of a less defective spouse should be an abuse of the right, and it should be understood that there is no benefit worth protecting for the spouse and children ( TMK m. 166/2 ).
There is no doubt that, according to current events, the marital union is fundamentally shaken, the continuation of which is not expected from the spouses. However, the achievement of this result was entirely due to the attitude and behavior of the plaintiff-versus-defendant, and no defect was realized that could be attributed to the defendant-versus-plaintiff. In this case, it is necessary to reject the divorce case of the plaintiff-counter-defendant man for the reasons described, while it is contrary to the procedure and law that a decision to divorce is made with a misconception in the interpretation of the provisions of the law.
CONCLUSION : It was unanimously decided on 19.04.2016 that there was no place for reviewing the appeals of the appealed decision for the above-mentioned reason, there was no place for reviewing the appeals of the woman’s case and other appeals of the parties, and if the appeal advance fee was requested, the refund of the depositors was made within 15 days of the notification of this decision, and the way to correct the decision was open.
