Sample Petition For Divorce On The Grounds Of Living A Life Without Dignity
ANTALYA FAMILY COURT ON DUTY
REQUESTER :A….. B….. (T.C.:…………….)
ADDRESS
AGENT :Lawyer …………….
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 (civil registration copies are attached as Annex 2).
There have been problems between the respondent and the client from the very beginning of the marriage, all of which have been caused by the respondent’s misconduct, but these problems have become more frequent in recent years. Throughout their marriage, the defendant has continuously caused problems for no reason and has displayed disrespectful, unloving and indifferent behaviour towards both the plaintiff client and her family.
After the birth of the joint children, there was no improvement in the behaviour of the defendant; on the contrary, it got worse. The defendant did not show interest towards the joint children and did not try to meet their needs. He had a bad behaviour towards both the joint children and the client.
.
As can be seen from the SSI records (Annex-3) attached to this petition, the client has been working in … for … years and has been the breadwinner of the marriage union. The respondent, on the other hand, worked in temporary jobs in the first years of their marriage; then he stopped working. The respondent does not have a fixed income and does not contribute to the livelihood of the house, the needs of the children and even to his own livelihood; he looks after the client’s hand.
In addition to the fact that the defendant does not make any financial contribution to the family unity, he has been damaging the family budget with his gambling and betting habits for the last … years. The defendant, who receives pocket money from the client, plays various types of gambling and betting. These bets, which the defendant played for fun at first, turned into an addiction over time. This addiction causes great damage to the family both economically and morally.
When the defendant loses by betting, he gets into a depressed mood and behaves badly to both the client and the joint children. When he wins, he consumes all the money he gets by having fun with his friends and drinking alcohol in night life. The defendant, who repeatedly comes home drunk at night, humiliates his family against the neighbours and his environment. The testimony of the neighbours we submitted to the file is the biggest proof of the nights when the defendant came home drunk.
.
Defendant, …/../…. The defendant was detained in a police raid while gambling at …. (Annex-4). Defendant causes the client and his family to put their heads down; he sets a bad example to the young joint children with his negative behaviour.
Client has now lost all hope for the continuation of this marriage. The defendant’s bad habits, not working, not contributing anything to the family unity, and causing both material and moral damage to the family unity, has finally got fed up. Defendant has never shown love and interest to the plaintiff and the joint children. The plaintiff could neither feel that she was loved nor that there was a home for her and her children in her own home. At this point, the defendant is seriously negligent in the dissolution of the marriage. The plaintiff is entitled to both pecuniary and non-pecuniary damages. Namely
.
According to Article 174/1 of the Turkish Civil Code: “The faultless or less faulted party whose existing or expected interests are damaged due to divorce may request an appropriate financial compensation from the faulted party.” First of all, it should be explained that,
As it is evident in our explanations, the defendant is seriously negligent and the plaintiff client has no fault. The plaintiff has been completely disorganised and damaged by the divorce. However, this marriage is no longer sustainable; it has become unbearable and unsustainable for the parties. And this has occurred entirely due to the defendant’s dishonourable behaviour.
According to Article 174/2 of the Turkish Civil Code: “The party whose right of personality has 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”
.
Although the plaintiff client encouraged the defendant to fight against alcohol and gambling/betting addictions, the defendant did not make any effort at this point. The defendant’s addictions damage the family unity, put the family in economic difficulties and humiliate the family against their environment. Amidst all these struggles, the client was forced to struggle alone with great moral distress. The defendant has never been on the side of the client, on the contrary, he has tried to take out the pain of all the troubles he has experienced from the client, mistreated him and applied psychological violence. All the conditions required by the law for the client to claim non-pecuniary damages have been fulfilled; it is a right recognised to the client to request compensation for the pain she has suffered.
However, the joint children are very young, and considering the schools they are studying and the defendant’s undignified lifestyle, 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 lawsuit process.
LEGAL GROUNDS :
CPC, TMK, Av. Law. and other relevant legislation
EVIDENCE :
Population records, settlement documents, SSI records, message and photo printouts, 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 DEFENDANT’S DISGRACEFUL LIFE,
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 material and moral damage to my client due to the defendant’s defective behaviour, (NOW, without prejudice to our rights regarding the excess) 000,00 TL material and 000,00 TL moral compensation 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.17.02.2022
Plaintiff’s Counsel
You can access our other article examples and petition examples by clicking here.