A man who expels his wife from home is defective. 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 procedure of the case between the parties, the judgment given by the local court, the date and number of which are shown above, was appealed by the plaintiff woman in terms of defect determination, rejected compensation, poverty and decriminalization of child support and the amount of subsidiary child support, 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 paragraphs are inappropriate.
2-The court accepts that the plaintiff woman is seriously defective and the defendant man is less defective in the events that cause the parties to divorce on the grounds that “the plaintiff woman does not love the defendant wife, she does not want to, she often leaves the joint residence, the defendant man also expels the woman from the house”, and the plaintiff woman’s financial and moral compensation (TMK m.174/1-2) their request was rejected.
In accordance with Articles 129/1-d-e of the Civil Procedure Code No. 6100 in force at the time 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 summaries, as well as with the evidence that each case put forward as the basis of the defense will be proved in the petition for an answer.
In the concrete case, the defendant did not file a response request during the trial period and did not rely on witness evidence. The time given at the preliminary examination stage for the notification of unsubstantiated evidence does not lead to results, and the statements of witnesses that the defendant did not report during the time period cannot be taken into account in determining the defect (HGK 20/04/2016, 2014/2-695 b. and decision No. 522 of 2016). In this case, it is not right for the court to impose a defect on the plaintiff woman based on evidence and witness statements that were not duly put forward by the defendant’s side during the due process. According to the defective behavior of the defendant man, which was finalized without appeal, in the events that caused the divorce; it is necessary to accept that the defendant man who kicked his wife out of the house was completely defective, and the plaintiff woman’s admission that she was severely defective was erroneous and required a breakdown.
3-Above 2. as explained in the paragraph, in the events that caused the divorce, the defendant male is completely defective. The defective behaviors that take place are also an attack on the personality rights of the woman. Material and non-pecuniary compensation for the benefit of the plaintiff woman (TMK m.174/1-2) conditions have been established. The refusal of the plaintiff’s requests for material and non-pecuniary compensation due to the fact that the parties determined a faulty defect was not considered correct.
CONCLUSION: The above-mentioned provision of the appeal 2. and 3. for the reasons indicated in the paragraphs, the appellant sections that are outside the scope of the provision may be subject to deterioration for the reasons shown in the paragraphs 1 above. it was unanimously decided to APPROVE it for the reason indicated in the paragraph, to return the advance fee of the appeal to the depositor on request, within 15 days from the notification of this decision, the way to correct the decision will be open. 09.10.2018(Tuesday)