Forgiveness Of The Spouse Who Suffered Physical Violence By The Other Spouse
Republic of Turkey Supreme Court of Appeals
2nd Civil Chamber Case No. :2015/19054
Decision No.: 2016/11164 Decision Date: 06.06.2016
Supreme Court Decision
COURT: Family Court
CASE TYPE: Divorce
Following the trial of the mutual divorce case between the parties, the local court issued the above-mentioned ruling, dated and numbered as indicated above. The defendant man appealed the ruling regarding the determination of fault, compensation, and alimony. The documents were reviewed and the matter was discussed and considered:
1-Based on the documents in the file, the evidence on which the decision is based, the legal grounds, and in particular the fact that no error was found in the assessment of the evidence, the defendant’s appeals outside the scope of the following paragraph are unfounded.
2-The court decided to grant the divorce of the parties on the legal grounds of the breakdown of the marriage pursuant to Article 166/1 of the Turkish Civil Code. Although the court awarded moral damages to the plaintiff woman on the grounds that the defendant man
had physically abused her, the investigation and evidence gathered indicate that after the incident of physical abuse, the parties reconciled and continued their marital union, thus implying that the plaintiff woman forgave the defendant for this incident, or at least tolerated it.
No other material incident constituting an attack on the plaintiff’s personal rights has been proven. No other material incident constituting an attack on the plaintiff’s personal rights has been proven. In this case, the plaintiff woman’s claim for moral damages (TMK m. 174/2) should be rejected and its acceptance is not considered correct.
CONCLUSION: The appealed judgment is
and the sections not covered by the reversal are CONFIRMED for the reason stated in paragraph 1.
The appeal fee shall be refunded to the payer upon request. This decision is unanimous, with the right to appeal within 15 days of its notification.