Compulsory Military Service And Alimony Obligation
A person who has no income and wealth and who goes to compulsory military service cannot be held responsible for alimony. You can examine the Sample Court of Cassation Decision.
2nd Civil Chamber
Principal Number: 2016/20858
Decision Number: 2018/8072
“Case Law Text”
COURT :Civil (Family) Court of First Instance
TYPE OF CASE : Mutual 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-cross-defendant man in terms of the accepted lawsuit of the woman, the determination of fault, her rejected compensation claims, alimony and custody, and by the defendant-counterclaimant woman in terms of the determination of fault, her rejected compensation claims, the amounts of poverty and subsidiary alimony, and 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 parties other than the scope of the following subparagraphs are unwarranted.
2- Although the court has decided to accept both divorce cases by accepting the parties as equally at fault in the events that caused the divorce; from the trial and the evidence gathered, the plaintiff-counter-defendant man did not provide an independent residence, threatened his wife, physically abused his wife, insulted her, did not allow his wife to meet with his family, kept silent about his family’s intervention in the marriage, threatening and insulting his wife; whereas the defendant-counterclaimant woman insulted her husband, neglected her duties of unity, and remained silent about her family’s interference in the marriage, threats and insults against her husband.
According to this situation, it should be accepted that the plaintiff-counter-defendant man is more severely at fault than the defendant-counter-defendant woman in the events leading to the divorce. While this is the case, it was not correct to accept the parties as equally at fault and required a reversal.
3- The plaintiff-counter-defendant man is seriously negligent in the facts that caused the divorce for the reason shown in the 2nd subparagraph above, and these misconducts also constitute an attack on the personal rights of the woman. The woman has been deprived of her husband’s financial support as a result of the divorce. The conditions of Article 174/1-2 of the Turkish Civil Code have been fulfilled in favour of the woman. It was not correct and required to be reversed to reject the decision as written, while it was necessary to appreciate material and moral compensation for the benefit of the woman within the framework of the social and economic status of the parties, the severity of the defects and the principle of equity.
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