Mutual Divorce Court Of Cassation Decision
2nd Civil Chamber 2021/3136 E. , 2021/3975 K.
“Case Law Text”
COURT Ankara Regional Court of Justice 28th Civil Chamber
TYPE OF CASE Mutual Divorce
At the end of the judgement of the case between the parties, the judgement given by the local court, dated above
and numbered judgement was rendered by the plaintiff-counter-defendant woman through participation in the man’s lawsuit
in terms of acceptance, fault determination, amount of damages and alimony; the defendant-counterclaimant
the acceptance by the man of the woman’s claim and its ancillaries, the determination of fault and his own claim for compensation
The case was appealed for the rejection of the judgement, and the documents were read and discussed:
1- Based on the writings in the file, the evidence on which the decision is based and the reasons in accordance with the law and especially the evidence
the defendant-counter-plaintiff man, the plaintiff-counter-plaintiff man and the plaintiff-counter-plaintiff
The woman’s appellate objections other than the following sub-paragraphs are groundless.
2- Based on the realised social and economic situation of the parties, the nature of the alimony, the economic conditions of the day
According to the circumstances, the maintenance for the benefit of the joint child … born in 2015 is insufficient.
The court, taking into account the principle of equity in Article 4 of the Turkish Civil Code
an appropriate amount of alimony should be awarded. Making a written judgement without considering this aspect
is contrary to the procedure and the law.
3- Based on the realised social and economic situation of the parties, the nature of the alimony, the economic conditions of the day
According to the circumstances, the poverty alimony awarded for the benefit of the plaintiff-cross-defendant woman is low. The Court
A more appropriate amount, taking into account the principle of equity in Article 4 of the Turkish Civil Code
alimony should be awarded. Without considering this aspect, it is procedural and legal to make a written judgement
is contrary.
CONCLUSION:
The appealed judgement shall be REVERSED for the reason shown in paragraph 2 above, and the judgement shall be
the parts subject to appeal, which are not within the scope of the above-mentioned sub-paragraph l., are upheld for the reason shown in sub-paragraph l. above the following confirmation fee and the appeal application fee, which were not deposited at the beginning, from Mehmet
the advance appeal fee shall be returned to Nigar upon request, and the file shall be sent to the relevant region
It was unanimously decided to send the case to the civil department of the court of justice. 26.05.2021 (Wed.)
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