Summary:
443/3 of the HUMK. in accordance with the article; Although it is not necessary to finalize the decision in terms of alimony for the measure, it is necessary to finalize the divorce provision in order to claim poverty and subsidiary alimony.
T.C.
Supreme
- law office
Base No:2011/3369
Decision No:2011/19386
K. Date:17.10.2011
Upon the request of the debtor for the examination of the appellant within the time limit of the court decision with the date and number written above, the file related to this work was sent from the scene to the apartment and was read and discussed and considered as necessary :
Gaziosmanpasa 2 by the creditor. 09.03.2010 2007/1262 of the family court date and is based on when you started enforcement proceedings based on decision 2010/252 numbered ilamli through divorce, ref under the provision in the individual receivables 300,00 TL per month with poverty, a subsidiary 250.00 GBP is desired, where the collection of alimony, the court on application to the enforcement debtor, receivables, while the divorce to be finalized, it cannot be put in execution, it also has the divorce to be finalized, while participation of poverty and it is seen that for reasons that may not be required alimony prompted to cancel.
In the following statement, it was understood that the monthly alimony of 150 TL in favor of the joint child and plaintiff noble was decided to continue until the decision was finalized, and the alimony of 300.00 TL poverty and 250.00 TL participation after the decision was finalized.
In this case, according to the ilam, a monthly child support of a total of 300.00 TL may be requested until the divorce is finalized.
443/4 of the HUMK. according to the article, they cannot be prosecuted unless the provisions related to the family and personal law are finalized. In addition, their provisions for compensation, power of attorney fees and trial expenses, which are an add-on to the divorce decision, are also subject to the same rule. However, if the divorce is finalized, it is not necessary that they be finalized taking into account their qualifications so that claims for compensation, power of attorney fees and trial expenses can be followed up (HGK. 28.2.2001 date 2001/12-206E. 2001/217 K. ).
443/3 of the HUMK. in accordance with the article; Although it is not necessary to finalize the decision in terms of alimony for the measure, it is necessary to finalize the divorce provision in order to claim poverty and subsidiary alimony.Affiliate items through divorce with poverty and other receivables under the provision following the terms of my divorce being finalized in terms of support is the basis kesinlesip ref, is final only after the date has been determined by the relevant court kesinlesme questions should make a decision based on the result that will occur when the facility is based on an incomplete review isabetsiz provision in writing.
CONCLUSION : The adoption of the debtor’s appeals and the court’s decision for the reasons set out above are in accordance with IIK 366 and HUMK 428. in accordance with the articles (ON ITS DETERIORATION), it was decided unanimously on the day of 17/10/2011.
