CASES RELATED TO USING THE HUSBAND’S SURNAME
Article 173 of the Turkish Civil Code allows a woman to bear the surname of her divorced husband. However, certain conditions must be met in order to carry the surname of the husband.
The wife may want to use the surname of her divorced husband, or the husband or the wife may request the cancellation of this permission. There are two lawsuits here. These cases are
The Case for Permission to Use the Husband’s Surname and the Case for Removal of the Permission to Use the Husband’s Surname.
1-)THE CASE FOR PERMISSION TO USE THE HUSBAND’S SURNAME:
If it is proved that the woman has an interest in using the surname of her divorced husband and that this will not cause any harm to the husband, the judge, upon her request, allows her to bear her husband’s surname. The court in charge of this case is the family court, and in places where there is no family court, the civil court of first instance. In the event of a favourable outcome of this case, the woman may bear her husband’s surname. In the case of permission to use the husband’s surname, the lawsuit to be filed must be directed to the male spouse.
2-) THE LAWSUIT FOR THE CANCELLATION OF THE PERMISSION TO USE THE HUSBAND’S SURNAME:
The husband may request the cancellation of the permission given for the use of his surname in case of a change of circumstances. Although it is stated in the text of the law that the lawsuit for the removal of the husband’s permission to use his surname can be filed by the husband, the Court of Cassation is of the opinion that the wife can also file a lawsuit for the removal of the husband’s permission to use his surname. If the lawsuit is justified, the wife will not continue to use the husband’s surname and will return to her own surname. Again, the wife will be able to continue to use her husband’s surname unless the husband requests the cancellation of the permission granted.
The issues to be considered in the Case for Permission to Use the Husband’s Surname and the Case for Removal of the Permission to Use the Husband’s Surname are as follows:
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It is not possible for the court to make a judgement without a request to allow the husband to use his surname after the divorce. In this regard, there must be a case duly filed and the fee must be paid.
While the competent court is the family court in the Case for Permission to Use the Husband’s Surname and the Case for Removal of the Permission to Use the Husband’s Surname, the competent court in the Case for Correction of the Population Record regarding the Surname is the Civil Court of First Instance. The Family Court is not in charge in this matter and these cases should not be confused with each other.
The request to be allowed to carry the surname of her divorced husband after the divorce is not an annex to the divorce. This is an independent request. The fact that the person has made a request on this issue in the reply petition in the divorce case does not turn the request into a lawsuit. (Court of Cassation 2nd HD, 2010/10644 E. 2011/11581 K)
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