A Man Who Kicks His Wife Out Of The House Is At Fault
The man who kicks his wife out of the house is at fault. You can examine the Sample Court of Cassation Decision.
2nd Civil Chamber
Principal Number: 2016/24716
Decision Number: 2018/10846
“Case Law Text”
COURT :Family Court
TYPE OF CASE : Divorce
At the end of the trial of the case between the parties, the judgement given by the local court, dated and numbered above, was appealed by the plaintiff woman in terms of the determination of fault, the rejected compensations, the rejection of poverty and injunction alimony and the amount of alimony, the documents were read and discussed:
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, the appellate objections of the plaintiff woman other than the following subparagraphs are unwarranted.
2-The court rejected the plaintiff woman’s claims for pecuniary and non-pecuniary damages (Article 174/1-2 of the Civil Code) on the grounds that “the plaintiff woman said that she did not love and did not want her defendant husband, that she often left the joint residence, and that the defendant man kicked her out of the house” and accepted that the plaintiff woman was grossly negligent and the defendant man was slightly negligent in the events that caused the divorce.
Pursuant to Article 129/1-d-e of the Code of Civil Procedure No. 6100 in force on the date of the lawsuit, the defendant is obliged to show all the facts on which the defence is based in the petition of reply, together with their clear summaries and under sequence number, and with which evidence each fact asserted as the basis of the defence will be proved.
In the concrete case; the defendant did not file a reply petition in due time and did not rely on witness evidence. The period given at the preliminary examination stage for the notification of the evidence that is not relied upon does not have any effect and the statements of the witnesses that the defendant did not notify in due time cannot be taken into account in the fault determination (HGK decision dated 20/04/2016, numbered 2014/2-695 b. and 2016/522 decision). In this case, it is not correct for the court to attribute fault to the plaintiff woman based on the evidence and witness statements that were not duly submitted by the defendant.
According to the defective behaviours of the defendant man, which were not appealed and finalised, it is necessary to accept that the defendant man, who expelled his wife from the house, is completely defective in the events that caused the divorce, and the acceptance that the plaintiff woman is seriously defective is erroneous and required a reversal.
3- As explained in the 2nd subparagraph above, the defendant man is fully at fault in the events that caused the divorce. The defective behaviours also constitute an attack on the personal rights of the woman. The conditions for pecuniary and non-pecuniary compensation (Article 174/1-2 of the Civil Code) have been fulfilled in favour of the plaintiff woman. Rejection of the plaintiff’s requests for material and non-pecuniary damages based on the erroneous fault determination of the parties was not deemed correct.
CONCLUSION:
It was unanimously decided that the appealed judgement be DISMISSED for the reasons shown in subparagraphs 2 and 3 above, and the parts of the judgement subject to appeal that are not within the scope of the reversal be APPROVED for the reason shown in subparagraph 1 above, the pre-appeal fee shall be returned to the depositor upon request, and the way of correction of the decision shall be open within 15 days from the notification of this decision. 09.10.2018(Tuesday)
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