Sample Petition For Divorce Case On The Grounds Of Committing A Crime
ANTALYA FAMILY COURT ON DUTY
REQUESTER :A….. B….. (T.C.:…………….)
ADDRESS
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 they have joint children named X and Y from this marriage (population register samples are attached as Annex-2).
It is known to the parties that the defendant had extramarital affairs from time to time. The client caught the defendant many times with extramarital affairs; the defendant asked for forgiveness each time. Although the client tried to protect the family unity, he decided that it was best to leave the house.
The client has now lost all hope for the continuation of this marriage. At this point, he filed a lawsuit for separation and the separation was decided by the file numbered …./… Esas …./… Decision of Ankara ( ) Family Court and the decision was finalised (Annex-3).
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The client learnt from her relatives that the defendant was on trial for drug trafficking. The defendant was charged by Ankara ( ) High Criminal Court …./…. Main …./…./…. Decision No. (Annex-4) of the Ankara ( ) High Criminal Court and was sentenced to a sentence of imprisonment. At this point, Ankara ( ) Assize Court …./…. Main …./…. numbered file and the defendant’s criminal record. (ANNEX-5)
This humiliating offence committed by the defendant had a negative impact on the life of the client and her children, and caused her to be looked down upon by those around her. It has become impossible for the client to continue this marriage.
Pursuant to Article 163 of the Civil Code, “If one of the spouses commits a humiliating offence or leads a dishonourable life and for these reasons, the other spouse cannot be expected to live with him/her, this spouse can always file for divorce.”
For these reasons explained, since the continuation of the marriage union cannot be expected from the client, it has become necessary to file this divorce case.
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The plaintiff is entitled to claim moral compensation. 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 request the payment of an appropriate amount of money as moral compensation from the other party who is at fault.” 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.
However, the joint children are very young, and considering the schools they attend and the lifestyle they are used to, it would be in their best interests to stay with the plaintiff client. In addition, it is clear that the joint children will have a healthier life with the plaintiff client, their education will not be interrupted, and they will find a happy and warm family environment.
For this reason, we request that the custody of the minor joint children who are with the plaintiff client in this process be given to the plaintiff client and that a temporary custody relationship be established in favour of the plaintiff client during the trial process.
LEGAL GROUNDS :
CPC, TMK, Law. and other relevant legislation
EVIDENCE :
Population records, settlement documents, Ankara ( ) Family Court’s decision numbered …./… Esas …./… Decision, Ankara ( ) High Criminal Court …./…. Main …./…. Decision numbered file, Defendant’s criminal record, 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 BECAUSE THE DEFENDANT COMMITTED A CRIME,
3- To give the custody of the minor joint children to the plaintiff client and to grant temporary custody in favour of the plaintiff client during the trial,
4-To decide for the maintenance of the joint children, to award a precautionary maintenance during the lawsuit period in favour of each of them, and after the lawsuit, with a reasoned decision, to award a monthly TL subsidiary maintenance, and to increase this amount in the following years at the rate of increase in the Producer Price Index determined by the State Institute of Statistics or the relevant institution,
5- Since the defendant caused moral damage to my client with the defective behaviour of the defendant, (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,
6-TL 000,00 cautionary alimony to be converted into poverty alimony after the divorce,
7-We request by proxy that all kinds of trial expenses and attorney fees be decided to be charged to the other party.22.02.2022
Plaintiff’s Counsel
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