The marriage union established between the parties by divorce is terminated by decisionof the court. Lawsuit rights arising from the termination of the marriage due to divorce (material and moral compensation, alimony for poverty) can be requested together with the divorce case, as well as by filing a separate lawsuit within a 1–year period after the finalization of the divorce decision.
174/2 of the Turkish Civil Code No. 4721. according to its article, it is stipulated that the party whose right of personality has been attacked due to the events that caused the divorce may request the payment of an appropriate amount of money as moral compensation from the other party who is defective.
Moral compensation is an accepted form of satisfaction (or compensation) for the fulfillment of the disturbed spiritual balance, and moral compensation is provided if the events that caused the divorce constitute an attack on the rights of a person.
The fact that a husband cheats on his wife with another woman in a marital union is part of Article 174/2 of the Turkish Civil Code. in the sense of its article, it is considered the presence of an attack on the rights of a person. Therefore, as a result of the husband’s cheating on his wife with another woman, the aggrieved wife has the right to demand non-pecuniary compensation from her husband together with the divorce case or with the lawsuit she will file after the divorce case.
An example Supreme Court Decision on the issue is as follows;
T.C.GENERAL ASSEMBLY OF THE SUPREME COURT OF JUSTICE E. 2010/0K. 2010/220K. T. 14.4.2010
“(…1-the decision is based on the posts with the evidence in the file gerektirici legal reasons and especially in the case of divorce or divorce, which is short for the requested compensation in case of refusal of the acceptance of the individual, the accepted rejected in favor of the other party requesting over quantity over the part to appreciate the possible nonexistence for the benefit of the attorney’s fee, according to all of the plaintiffs, the defendant appeals that fall outside the scope of the following clause objections are unjustified.
2-Taking into account the identified economic and social situations of the parties, the purchasing power of money, the degree of defects and, in particular, incidents that are an attack on the rights of a person, moral compensation for the benefit of the plaintiff woman is numerous.
4 Of the Turkish Civil Code. according to the principle of equity in Article 44 of the Code of Obligations. and 49. at the end of the retrial, which was overturned on the grounds that a more appropriate amount of non-pecuniary compensation (TMK174/2) should have been appreciated, the establishment of the provision in writing required to be overturned …) was reversed instead of the file at the end of the trial; in terms of non-pecuniary compensation, the court resisted the previous decision.
THE APPELLANT: The defendant’s deputy
DECISION OF THE GENERAL ASSEMBLY OF JURISPRUDENCE
After it was understood that the decision to resist was appealed during the examination by the General Assembly of the Law and the papers in the file were read, the requirement was discussed:
The case is related to the request for divorce, material and moral compensation and alimony for poverty.
The plaintiff (women’s) counsel, the defendant, his wife’s (husband’s) 2,5-3 years ago completely abandoned public life, marriage, and a woman starting a life with this woman from informal collaboration, it is the child, noting that the parties to the marriage divorce in favor of their client from its core due to the loss of $ 50,000 a year (TL) material, 150.000 GBP ( £ ) non-pecuniary damages and request that govern has been the case with alimony.
The respondent (husband) Attorney, his client did not accept requests outside of divorce has been with a woman, and this woman is a child from the plaintiff when we first found out this combination of pissed if this situation then meets the tolerance that you specify; alimony, pecuniary and non-pecuniary damages for the denial of requests defended his decision.
It is not a matter of contention between the parties that the decedent husband lives a husband-and-wife life with another woman, that he has a child with this woman.
The claimant’s claim for material compensation (related to the goods regime) has been reviewed from this file.
The court’s decision on the acceptance of the divorce case filed by the plaintiff, the partial acceptance of the moral compensation case, the rejection of the child support case was overturned on appeal by the party’s attorneys for the above-mentioned reasons in terms of moral compensation to the Special Department, and the court resisted the previous decision in terms of moral compensation.
The provision on divorce, custody, personal relationship, poverty and subsidiary decimation between the parties has been finalized and is out of dispute.
The dispute that comes before the General Assembly of Law through resistance is collected at the point whether the amount of 75,000 YTL (TL) of moral compensation ruled for the benefit of the plaintiff woman is excessive when the financial situation and defect rates of the parties are taken into consideration.
174/2 of the Turkish Civil Code No. 4721. according to its article, it is stipulated that the party whose right of personality has been attacked due to the events that caused the divorce may request the payment of an appropriate amount of money as moral compensation from the other party who is defective.
Moral compensation is an accepted form of satisfaction (or compensation) for the fulfillment of the disturbed spiritual balance, and moral compensation is ruled if the events that caused the divorce constitute an attack on the rights of a person (Kilicoglu, Mustafa: Compensation Law, Legal Publishing, Istanbul 2010, p.1036, 1369; Reisoglu, Safa: General Provisions of the Law of Obligations, Beta Edition, Istanbul 1998, p.179 et seq.;Oguzman/Dural: Family Law, Filiz Bookstore, Istanbul 1994, p.144-145; Tekinay, p.Magistrate: Turkish Family Law, Filiz Bookstore, Istanbul 1990, p.261-262; Oguzman, Kemal: General Provisions of the Law of Obligations, Filiz Bookstore, Istanbul 1995, p.641; See also. YIBK.22.06.1966-7/7)
It is accepted that the husband cheats on his wife with another woman, in cases of severe insults, the presence of an attack on his personality rights. (Kılıçoğlu, Mustafa: Compensation Law, Legal Publishing, Istanbul 2010, p.1031 et seq.; Reisoglu, Safa: General Provisions of the Law of Obligations, Beta Edition, Istanbul 1998, p.183-184; Oguzman/Dural: Family Law, Filiz Bookstore, Istanbul 1994, p.145; Tekinay, p.Magistrate: Turkish Family Law, Filiz Bookstore, Istanbul 1990, p.262; Oguzman, Kemal: a.g.e., p.655)
From the entire scope of the file, it is fixed that the defendant husband cheated on his wife with another woman, and the marital union therefore ended. The fault cannot be explained to the plaintiff woman due to the events that caused the divorce.
In that case, the amount of moral compensation given from the documents in the file in proportion to the economic situation of the defendant husband is in place and the decision to resist, which is in accordance with the procedure and the law, must be upheld.
result
It was decided by majority vote on 14.04.2010 that the decision to resist should be UPHELD for the reasons described above, with the rejection of the defendant’s attorney’s appeals, and that there is no need to receive fees other than the necessary appeal fee has been received in advance.”
