A Man May Be Obliged To Pay Alimony Even If He Is In Prison
2nd Civil Chamber
Principal Number: 2019/5569
Decision Number: 2019/12075
“Case Law Text”
COURT : Konya Regional Court of Justice 2nd Civil Chamber
TYPE OF CASE : Divorce
At the end of the trial of the case between the parties, the judgement given by the Civil Chamber of the Regional Court of Justice, dated and numbered above, was appealed by the plaintiff woman in terms of injunction and poverty alimony, and by the defendant man in terms of fault determination, alimony and compensation, and the documents were read and discussed accordingly:
1-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, all the appellate objections of the defendant man and the plaintiff woman other than the scope of the following paragraph are unwarranted.
2-As a result of the trial of the divorce case filed by the woman, the court of first instance decided to divorce the parties in accordance with Article 166/1 of the Civil Code, to pay pecuniary and non-pecuniary damages in favour of the woman on the grounds that the man was completely at fault, to reject the woman’s request for precautionary and poverty alimony, by the plaintiff woman; by the defendant man for the rejection of precautionary and poverty alimony; Upon the application of the legal remedy of appeal in terms of fault determination and damages, the regional court of appeal decided to reject all objections of the man on the grounds that the man was completely at fault, and the woman’s objections other than the objections regarding the injunction and poverty alimony were rejected on the merits, and the judgement was appealed by the parties for the same reasons.
Regarding the objection of the plaintiff woman regarding the injunction and poverty alimony, the district court of appeal removed the 2nd subparagraph from the judgement paragraph of the first instance court decision and replaced it with “To be valid as of the date of the case and not to cause duplicate alimony, to take 200 TL of injunction alimony from the defendant and give it to the plaintiff, to continue the alimony as 350 TL monthly poverty alimony with the finalisation of the decision, to continue the alimony as 350 TL monthly poverty alimony with the date of 12/06/2018 when the man entered the prison and 04/12/2019, which is the date of conditional release.
not to be held responsible for alimony between the parties”, and the arrangement was made in a way that does not include a provision of performance. The fact that the defendant man has been detained or convicted in a penal execution institution for a period of time does not require him to be held responsible for alimony.
Since it has not been realised that the plaintiff woman was seriously negligent in the events that caused the divorce and it is also fixed that she will fall into poverty due to the divorce, while the appropriate amount of poverty alimony (Art. 175 of the Civil Code) should be ruled for the benefit of the plaintiff woman from the finalisation of the decision; It was not correct for the district court of appeal not to hold the defendant man responsible for alimony between the date of 12/06/2018, when the man entered the prison, and 04/12/2019, the date of conditional release, and to establish a judgement with a regulation made in a way that does not include a provision of performance, and it required a reversal.
CONCLUSION:
The appealed judgement is DISMISSED for the reasons shown in subparagraph (2) above, and the other parts subject to appeal, which are not within the scope of the reversal, are APPROVED for the reason shown in subparagraph (1) above, and the fee written below is charged to the appellant defendant male, and the advance fee is deducted 218. 50 TL. It was unanimously decided that since the appeal application fee was taken in advance, there is no need to charge any other fee, the appeal application fee shall be returned to the plaintiff woman who deposited the advance fee, and the file shall be sent to the relevant regional court of justice law department. 10.12.2019 (Tuesday)
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