The man who kicked his wife out of the house is flawed. You can review the sample Supreme Court Decision.
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Part Number: 2016/24716
Decision Number: 2018/10846
“text of jurisprudence”
COURT :Family Court
TYPE OF CASE : Divorce
At the end of the proceedings between the parties, the decision given by the local court, the date and number shown above, was appealed by the plaintiff woman in terms of decency determination, rejected compensation, poverty and rejection of alimony and the amount of alimony of the subsidiary, and the document was read and discussed and considered as necessary:
1-According to the articles in the file, the evidence on which the decision was based, the reasons in accordance with the law, and in particular the absence of any inaccuracy in the appreciation of the evidence, the appeals of the plaintiff’s woman, which are outside the scope of the following paragraphs, are inappropriate.
2-According to the court; “The plaintiff woman said that she did not like the defendant’s wife, did not want to, often left the communal housing, the defendant man also expelled the woman from the house” in cases that caused the parties to divorce, the plaintiff woman was considered to be severely defective, the defendant man was also considered to be slightly defective, and the plaintiff woman’s financial and moral compensation (TMK m.174/1-2) their request has been rejected.
In accordance with articles 129/1-d-e of the Code of Civil Procedure No. 6100 in force at the date of the case, the defendant must show all the cases that are the basis of his defense under the sequence number and with their clear summary and with what evidence each case that is put forward as the basis of the defense will be proved in the response petition.
In the concrete case, the defendant did not file a response petition during the trial period and did not rely on witness evidence. The time given at the preliminary examination stage for reporting unbearable evidence does not lead to consequences, and the statements of witnesses that the defendant did not report during the period cannot be taken into account in determining the defect (HGK dated 20/04/2016, 2014/2-695 b. and decision No. 522/2016). In this case, it is not correct for the court to impose a defect on the plaintiff woman based on the evidence and witness statements that were not duly put forward by the defendant as well as by the defendant. According to the defective behavior of the defendant man, which was finalized without appeal, In cases that led to a divorce; It is necessary to recognize that the defendant man who expelled his wife from the house was completely defective, and the acceptance that the plaintiff woman was severely defective was erroneous and required to be overturned.
3-Above 2. as explained in the paragraph, in the events that led to the divorce, the defendant man is completely imperfect. The defective behaviors that occur also constitute an attack on the personality rights of the woman. Material and moral compensation for the benefit of the plaintiff woman (TMK m.174/1-2) conditions have been formed. The refusal of the plaintiff’s requests for material and moral compensation due to the parties ‘ incorrect determination of the defect was not considered correct.
CONCLUSION:2. Above the appealed provision. and 3rd. 1.for the reasons shown in the paragraphs, the sections of the subject matter of the appeal that are outside the scope of the violation of the provision are listed above. it was unanimously decided that the application fee should be refunded to the depositor upon request, and that the way to correct the decision should be open within 15 days of the notification of this decision. 09.10.2018 (Tuesday)