Revocation Of Recognition Due To Deception
CASE FOR REVOCATION OF RECOGNITION DUE TO ADULTERY
Revocation of Recognition Case Court of Cassation Decisions
18th Civil Chamber of the Court of Cassation 2015/21693 E. , 2016/1159 K.
- Revocation of Recognition
- Article 297 of the TMK
“The paternity relationship between the plaintiff and the child was established through “recognition” on 03/10/2006 in accordance with Article 295 of the Turkish Civil Code. In other words, the plaintiff recognized the child. The recognizer may sue for the annulment of the recognition on the grounds of mistake, deception or intimidation. (Art. 297/1 of the Turkish Civil Code) Apart from these reasons, the recognizer has no right to sue for the annulment of the recognition. The plaintiff has not asserted the existence of these grounds in the petition. In that case, while it should be decided to reject the lawsuit, it was not deemed correct to decide to accept it with an illegal justification.
8th Civil Chamber of the Court of Cassation 2017/14726 E. , 2017/12319 K.
- Revocation of Recognition
- Article 297 of the TMK
In his petition, the plaintiff’s attorney requested a decision on the denial of the birth of … registered to his client; the court decided to dismiss the lawsuit procedurally due to the lack of a cause of action, since it was understood that the lawsuit was a lawsuit for the annulment of the recognition regulated in Articles 297-300 of the TMK, and that the plaintiff did not have the right to file a lawsuit since the recognizer was not the genetic father.
According to the …. report dated 21.11.2013 attached to the lawsuit petition in the file According to the report dated 21.11.2013 attached to the lawsuit petition in the file, it is understood that the lawsuit filed on 31.12.2013 is in due time, as it is reported that … is not likely to be the biological father of …… …… The plaintiff stated that she lived with the defendant …, but she was not married and became pregnant…. who was pregnant while she was living with the defendant …, but was not married, misled her and convinced her that the defendant … was her child, and for this reason, she recognized the defendant … and realized that she was misled after she registered the defendant … in her own population, and that it was understood that the defendant … was not her child in the … test performed thereupon, it was not correct to decide to dismiss the lawsuit on grounds that were not appropriate, while an examination and research should be made by considering the provisions of the above Law and a decision should be made in the result that will be reached.
….. FAMILY COURT
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT : Request for Decision on Revocation of Recognition.
EXPLANATIONS
1-) My client recognized one of the defendants … on …/…/…/… date with a written application to … Population Directorate and established paternity between them. The other defendant … is the mother of the recognized child.
2-) My client made this recognition with the statements of the defendant … and thinking that the child was his child. However, since she later realized that the defendant deceived her, she wants to cancel the recognition.
3-) Therefore, it has become compulsory to file a lawsuit for the annulment of the recognition.
LEGAL GROUNDS : Article 297 of 4721 S. Code and related legislation.
LEGAL EVIDENCES : Civil registration, DNA tests, witness statements and other evidence.
CONCLUSION AND REQUEST
For the reasons explained above, I respectfully request your Honorable Court to annul my client’s recognition of the defendant … due to deception, and to order the defendant to bear the costs of the proceedings. …/…/…
Counsel for the Plaintiff