Divorce Case On The Grounds Of Criminal Offence
… FAMILY COURT JUDGE
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
ADDRESS :
SUBJECT :
This is our petition for divorce due to crime, alimony and compensation.
CASE VALUE :
EXPLANATIONS :
1-) We are the plaintiff’s attorney in accordance with the attached power of attorney.
The client married the defendant’s wife on …/…/…/… date. The parties have joint children named … and … from this marriage. One of the children is … and the other is … and both of them are minors.
2-) An investigation was initiated against the defendant spouse due to the crime of being a member of the Fetö/PDY terrorist organisation with the investigation file numbered … of the … public prosecutor’s office. The defendant was sentenced to … years of imprisonment by the … High Criminal Court with the …/… E.- …/… K. numbered judgement. This decision was finalised on …/…/…/… date.
3-) This judgement against the defendant has disgraced our client as well as the defendant in the eyes of third parties, and the client, together with her children, had to leave the province of … where she was living with the defendant and had to settle with her parents. Due to the defendant’s offence, the client has been subjected to psychological pressure by her environment and her life has become unbearable for the client.
3-) The client is a housewife and does not have any income. Currently, she lives with her children with her parents. Since the economic situation of her parents is not good, she cannot get enough support from them. Both of the joint children are still young and in need of maternal care and attention. Moreover, since the respondent spouse is currently in prison, there is no one else to look after the children. For this reason, we request that a total of … TL … for the client and … TL for each child, and that the joint children be ordered to stay with the client for the duration of the lawsuit.
6-)
In addition, for the client, who had to terminate his marriage for the reasons we have tried to explain and who was dragged into a very difficult situation in front of the public, we demand a total of … TL financial compensation and … TL moral compensation.
LEGAL GROUNDS :
4721 S. Code Art. 163, 168, 169, 174, 175, 182, 4787 S. Code Art. 4, 6100 S. Code Art. 240, 266.
LEGAL EVIDENCE :
Sample of family population register, photocopy of identity card, …/…/… dated …/…/… E. …/…/…. K. court judgement, witness statements.
CONCLUSION AND REQUEST :
For the reasons we have tried to explain above, the parties should divorce, the joint children should stay with our client during the trial, in case the couple is decided to divorce, their custody should be given to our client, monthly … TL for our client and monthly … T.L for each of the joint children. TL, in total … T.L, and for the continuation of this alimony as poverty and subsidiary alimony after the divorce, in favour of our client … TL pecuniary, … T.L non-pecuniary, in total … TL compensation, and for the defendant to be charged with the costs of the proceedings and attorney’s fees. …/…/…
APPENDICES :
1.
A copy of the family population register and a photocopy of the identity card, 2.
…/…/… date …/…/… E. …/…/…. K. court judgement,3.
Witness list showing the names and addresses of the witnesses and the subjects they will testify,
4. One sample of approved power of attorney containing special authorisation.
Plaintiff Attorney
……………………….
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