Sample Petition For Divorce On The Grounds Of Adultery
ANTALYA FAMILY COURT ON DUTY
REQUESTER :A….. B….. (T.C.:…………….)
ADDRESS
AGENT: Lawyer Burak Cem Tosun-Attorney Deniz Ipek Bayram
ADDRESS
DEFENDANT :C….. B….. (T.C.:……………)
ADDRESS
SUBJECT OF THE REQUEST :
It consists of the submission of our petition.
OUR EXPLANATIONS
Client A….. B…. and the defendant C….. B…. were married on 01.01.2011 (Annex 1) and they have joint children named X and Y from this marriage (civil registration copies are attached as Annex 2).
There have been problems between the respondent and the client from the very beginning of the marriage from time to time, all of which were caused by the respondent’s misconduct, but these problems have become more frequent in recent years. Throughout their marriage, the defendant has continuously caused problems for no reason and has displayed disrespectful, unloving and indifferent behaviour towards both the plaintiff client and her family.
After the birth of the joint children, there was no improvement in the behaviour of the defendant; on the contrary, it got worse. The defendant did not show interest towards the joint children and did not try to meet their needs. He had a bad attitude towards both the joint children and the client.
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Upon seeing the correspondence (Annex-4) and photographs (Annex-5) with another woman on her husband’s mobile phone, she realised that this marriage was no longer sustainable. When she asked her husband about the photos and correspondence, he accepted the situation and verbally assaulted the client. He sent messages to her every day, swearing at her (Annex-6), saying provocative and humiliating words. At this point, the client decided that it was best to leave the house and end the marriage.
The client has now lost all hope for the continuation of this marriage. She was betrayed, deceived, insulted and humiliated by the defendant; psychological violence was applied to the plaintiff. The defendant has shattered the client’s pride and honour as a woman. He has never shown love and interest to the plaintiff and the joint children. The plaintiff could neither feel that she was loved nor that there was a home for her and her children in her own home. At this point, the defendant is severely negligent in the dissolution of the marriage. The plaintiff is entitled to both pecuniary and non-pecuniary damages. Namely:
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According to Article 174/1 of the Turkish Civil Code: “The faultless or less faulted party whose existing or expected interests are damaged due to divorce may request an appropriate financial compensation from the faulted party.” First of all, it should be explained that,
As it is evident in our explanations, the defendant is seriously negligent and the plaintiff client has no fault. The plaintiff has been completely disorganised and damaged by the divorce. However, this marriage is no longer sustainable; it has become unbearable and unsustainable for the parties. This has occurred entirely due to the behaviour of the defendant party.
According to Article 174/2 of the Turkish Civil Code: “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 at fault”
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The plaintiff client was repeatedly deceived and insulted, humiliated and despised. Throughout their marriage, she has been subjected to psychological violence by the defendant; she has been told every time that she is not loved and wanted. The client has repeatedly witnessed her husband cheating on her; her honour and pride have been destroyed. All the conditions required by the law to request moral compensation have been fulfilled; it is a right recognised to the client to request compensation for the pain she has suffered.
However, the joint children are very young and considering the schools they attend and the lifestyle they are accustomed to, it would be in their best interests to stay with the plaintiff client. In addition, it is clear that the joint children will have a healthier life with the plaintiff client, their education will not be interrupted, and they will find a happy and warm family environment.
For this reason, we request that the custody of the minor joint children who are with the plaintiff client in this process be given to the plaintiff client and that a temporary custody relationship be established in favour of the plaintiff client during the lawsuit process.
LEGAL GROUNDS :
CPC, TMK, Law. and other relevant legislation
EVIDENCE :
Population records, settlement documents, message and photo printouts, expert report, witness, discovery, oath and other evidence.
We reserve our right to present evidence against the evidence presented / to be presented by the other party
CONCLUSION AND REQUEST :
For the reasons explained above and to be taken into consideration ex officio by your Honourable Court
1-Acceptance of our just lawsuit and all our demands,
2-DIVORCE BECAUSE of adultery due to abandonment of the parties,
3- To give the custody of the minor joint children to the plaintiff client and to grant temporary custody in favour of the plaintiff client during the trial,
4-To decide for the maintenance of the joint children, to award a precautionary maintenance during the lawsuit period in favour of each of them, and after the lawsuit, with a reasoned decision, to award a monthly TL subsidiary maintenance, and to increase this amount in the following years at the rate of increase in the Producer Price Index determined by the State Institute of Statistics or the relevant institution,
5- Since the defendant caused material and moral damage to my client due to the defendant’s defective behaviour, (NOW, without prejudice to our rights regarding the excess) 000,00 TL material and 000,00 TL moral compensation to be taken from the defendant with legal interest and given to my client,
6-TL 000,00 cautionary alimony to be converted into poverty alimony after the divorce,
7-We request by proxy that all kinds of trial expenses and attorney fees be decided to be charged to the other party.16.02.2022
Plaintiff’s Counsel
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