A spouse who is not interested in his partner, who is not with his partner during pregnancy and childbirth, is considered to be completely defective. You can review the sample Supreme Court Decision.
Law Office
Part Number: 2020/1277
Decision Number: 2020/2521
“text of jurisprudence”
COURT : Istanbul Regional Court of Justice 11. law office
TYPE OF CASE : Divorce
At the end of the reasoning of the case between the parties, the decision given by the dec office of the regional court of justice, the date and number shown above, was appealed by the plaintiff woman in terms of the rejection of the claim for moral compensation and the amount of material compensation, the documents were read and discussed as necessary and considered:
1-According to the articles in the file, the evidence on which the decision is based, the reasons in accordance with the law, and in particular, there is no inaccuracy in the discretion of the evidence, the plaintiff woman’s appeals that fall outside the scope of the following paragraph are inappropriate.
2-A man who is not interested in his wife, is not with his wife during pregnancy and childbirth, spends most of his time at work and with friends, does not come home late, does not take his wife and mother-in-law home, and then does not come home and says that he does not want to come, is completely defective in cases that cause divorce, and these defective behaviors are also an attack on the personal rights of the plaintiff woman. 174/2 of the Turkish Civil Code for the benefit of women, taking into account the economic and social situation of the parties and the rules of fairness. according to the article, moral compensation should be ruled on, while the refusal of the claim for moral compensation in writing was not correct and required to be overturned.
RESULT: 2 above. for the reason shown in the paragraph, the decision of the district court of justice should be LIFTED, the decision of the court of first instance should be OVERTURNED, and the other sections subject to appeal that are outside the scope of the overturning should be considered in l above. it was unanimously decided to approve the reason shown in the paragraph, to return the advance fee of the appeal to the depositor on request, to send the file to the court of first instance, a sample of the decision to the legal department of the relevant district court of justice. 03.06.2020 (Wed.)