Petition For Divorce On The Grounds That The Marriage Union Is Fundamentally Shaken
ANTALYA FAMILY COURT ON DUTY
THE PLAINTIFF :A….. B….. (T.C.:…………….)
ADDRESS
AGENT :Attorney…………….
ADDRESS
DEFENDANT :C….. B….. (T.C.:……………)
ADDRESS
SUBJECT OF THE REQUEST :
It consists of the submission of our petition.
OUR EXPLANATIONS
Client A….. B…. and the defendant C….. B…. were married on 01.01.2000 (Annex-1) and have been living together at ……………………..Ankara since then.
During their marriage, the client was under constant pressure from the defendant, the defendant treated the client as a slave and never respected her. The defendant never stopped insulting the client and humiliating her in front of people; he never cared about the client’s honour and pride.
Throughout their marriage, the defendant has been humiliating the client by scolding and insulting her like a child. The defendant never showed respect to the client; he ignored that she was an individual. Even when guests came to their house, he tried to humiliate the client by insulting him in front of people without caring about this situation.
D…. E… and F… E…., the upper neighbours of the parties from the apartment building where the family residences of the parties are located, frequently enter and exit the parties’ house; they witness their family life. It will be seen by your court that the defendant humiliates, insults and insults the client at every opportunity. The statements of the witnesses are of great importance in these matters. (The information of the witnesses will be submitted with the evidence petition).
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Regarding this issue, the decision of the 2nd Civil Chamber of the Court of Cassation dated 27.10.2011, 2010/16063 Main, 2011/17181 Decision numbered states that: “…. It is understood that the plaintiff woman insulted her husband and humiliated him by not showing good hospitality to the guests.” As revealed by the decision of the Court of Cassation, not showing good hospitality to the guests and putting the spouse in a humiliating situation constitutes social violence. The defendant is seriously negligent with these behaviours.
The plaintiff client is thus entitled to claim non-pecuniary damages. Pursuant to Article 174/2 of the Turkish Civil Code, “The party whose personal rights have been attacked due to the events that caused the divorce may ask the other party who is at fault to pay an appropriate amount of money as moral compensation.” It is stated. THE DEFENDANT IS HEAVILY AT FAULT FOR THE DISSOLUTION OF THE MARRIAGE. He caused the client’s personal rights to be attacked.
For these reasons explained, since the continuation of the marriage union is no longer expected from the client, it has become necessary to submit this divorce case.
LEGAL GROUNDS :
CCP, TMK Art. 166-174-175, Av. Law. and other relevant legislation
EVIDENCE :
Population records, settlement documents, expert report, witness, discovery, oath and other evidence.
We reserve our right to present evidence against the evidence presented / to be presented by the other party
CONCLUSION AND REQUEST :
For the reasons explained above and to be taken into consideration ex officio by your Honourable Court
1-Acceptance of our just lawsuit and all our demands,
2-DIVORCE OF THE PARTIES ON THE GROUNDS OF THE MARRIAGE UNION BECAUSE THE MARRIAGE UNION HAS BEEN STRANGED FROM THE FOUNDATION,
3- Since the defendant caused moral damage to my client with the defective behaviour of the defendant party, (NOW) 000,00 TL moral compensation (without prejudice to our rights regarding the excess) to be taken from the defendant with legal interest and given to my client,
4- To award a precautionary alimony of 000,00 TL to be converted into poverty alimony after the divorce,
5- We request by proxy that all kinds of trial expenses and attorney fees be decided to be charged to the other party.03.03.2022
Plaintiff’s Counsel
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