Waiver Of Divorce Lawsuit Means Forgiveness Of Faults
The waiver of the divorce case is considered to forgive, or at least tolerate, the defects before the date of the waiver. Forgiven or tolerated situations cannot be grounds for divorce. You can examine the Sample Court of Cassation Decision.
2nd Civil Chamber
Main Number : 2015/26643
Decision Number : 2016/2356
“Case Law Text”
COURT : Family Court
TYPE OF CASE : Divorce
At the end of the trial of the case between the parties, the judgment given by the local court, dated and numbered above, was appealed by the plaintiff man, the documents were read and discussed accordingly:
1- Since the plaintiff man stated that he waived his statement regarding the appeal of the divorce decision with his petition dated 26.12.2014, it was necessary to decide to reject the appeal request regarding this issue due to waiver.
2- As for the examination of the appellate objections of the plaintiff man other than divorce;
a-According to the writings in the file, the evidence on which the decision is based and the reasons in accordance with the law and especially since there is no mistake in the appreciation of the evidence, the appellate objections of the plaintiff man other than the scope of the following sub-paragraph are unwarranted.
b-It is understood from the collected evidence that the defendant woman filed for divorce on 11.07.2012 at the Körfez Civil Court of First Instance with the file numbered 2012/512 and the woman waived this case on 09.04.2013. In this case, it should be accepted that the faults arising from the husband before the date of waiver are forgiven or at least tolerated. Events that are forgiven or tolerated cannot be grounds for divorce.
In the events that caused the divorce, the defendant woman who did not take the plaintiff man home and took his salary is fully at fault, and poverty alimony and material and moral compensation cannot be granted in favor of the fully at fault spouse. While this is the case, it is not correct to accept the plaintiff man as fully at fault and to award poverty alimony and pecuniary and non-pecuniary compensation for the benefit of the defendant woman based on this erroneous fault determination, even though the conditions are not met, and it required a reversal.
CONCLUSION:
It was unanimously decided that the appealed judgment be DISMISSED for the reason shown in subparagraph 2/b above, the parts subject to appeal outside the scope of the reversal be APPROVED for the reason shown in subparagraph 2/a above, the plaintiff man’s request for appeal regarding the accepted divorce case be rejected for the reason shown in subparagraph 1 above, the advance appeal fee be returned to the depositor if requested, and the way of decision correction be open within 15 days from the notification of this decision. 12.02.2016 (Friday)
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