T.C
SUPREME
- law office
BASE NO:16661/2016
DECISION NO:2018/5566
DATE OF DECISION:25.04.2018
COURT :Family Court
TYPE OF CASE : Divorce- Removal of Alimony as a Precautionary Measure
THE CANCELLATION OF THE ALIMONY FOR THE MEASURE IS NOT AN OCTOBER OF THE DIVORCE AND IS SUBJECT TO RELATIVE EXPENSES. SUBSEQUENT OPERATIONS CANNOT BE PERFORMED WITHOUT COMPLETING THE RELATIVE MORTAR.
ABSTRACT: The claimant’s request to have his alimony removed is not an october of the divorce and is subject to relative expenses. Due to this request, no relative fees were charged during the opening of the case, and this deficiency was not corrected during the trial. Subsequent operations cannot be performed without completing the relative fee. By the court, the plaintiff is given a period of time to replenish the relative fee for the man (Article m of the Law on Fees. 30-32) if the fee deficiency is corrected, the merits of this request should be examined and a positive or negative decision should be made according to the result that will be obtained, and if the fee is not replenished, the Fees Law 30. while action should be taken in accordance with the article, it was not considered correct to establish a provision in writing without taking into account the specified considerations.
At the end of the procedure of the case between the parties, the decision given by the local court, the date and number shown above, was appealed by the plaintiff dec, the documents were read and discussed as necessary and considered:
1-The Court; abstract statement of this witness, are statements that do not specify the time and place has not enough quality to decide whether the plaintiff presented by the parties held in solution in a sound recording and Electronic Media, Photography, Film, Video, or audio recording data and other information, such as carriers, however, if they are supported by other evidence, as evidence that the provision can prevail, electronic data up to degree and shake the foundations of the common life between parties outside the union, allowing for the continuation of the adoption of which will not leave a difficult conducive to serious reasons and evidence not being able to identify the plaintiff’s case were dismissed on the grounds that conclusion cannot be reached; and the trial of the evidence; female behavior were understood to be unnerving. In this case, the plaintiff male is right to file a lawsuit. Without this consideration, the rejection of the case was not correct and required to be overturned.
2-The plaintiff male; in the petition for the case, he requested the abolition of alimony measures. The application fee received at the time of filing a lawsuit covers all requests in the lawsuit petition. The claimant’s request to cancel the man’s alimony for the measure is october annex to the divorce
it is not subject to relative expenditure. Due to this request, no relative fees were charged during the opening of the case, and this deficiency was not corrected during the trial. Subsequent operations cannot be performed without completing the relative fee. According to the court, the fee relative to the plaintiff man
granting a period of time for replenishment (according to the Law on Fees m. 30-32) if the fee deficiency is corrected, the merits of this request should be examined and a positive or negative decision should be made according to the result that will be obtained, and if the fee is not replenished, the Fees Law 30. while action should be taken in accordance with the article, it was not considered correct to establish a provision in writing without taking into account the specified considerations.
CONCLUSION: The above-mentioned provision of the appeal 1. and 2. it was decided unanimously that the reasons indicated in the paragraphs should be OVERTURNED, the advance fee for the appeal should be returned to the depositor on request, and the way to correct the decision will be open within 15 days from the notification of this decision. 25.04.2018
