Supreme Court Decision: Alimony For Poverty Cannot Be Awarded To A Woman Who Is Employed And Has A Steady Income
T.C.
COURT OF CASSATION
2nd CIVIL CHAMBER
CASE NO: 2016/16665
DECISION NO: 2018/5562
DATE OF DECISION: 04/25/2018
COURT: Family Court
CASE TYPE: Divorce
>ALIMONY FOR POVERTY SHALL NOT BE AWARDED TO A WOMAN WHO IS EMPLOYED AND HAS A REGULAR INCOME.
Following the trial between the parties, the local court issued the above-mentioned decision, which was appealed by the defendant on the grounds of fault determination, alimony, and compensation. The documents were read, and the necessary deliberations were made.
The following was considered:
1-Based on the documents in the file, the evidence on which the decision is based, the reasons in accordance with the law, and in particular, the fact that no error was found in the assessment of the evidence, the defendant’s appeals outside the scope of the following clause are unfounded.
2-The evidence gathered shows that the woman works and has a regular and steady income. The conditions of Article 175 of the Turkish Civil Code (TMK) have not been met in favor of the woman. While it was necessary to decide to reject the plaintiff woman’s claim for alimony due to poverty, the decision to accept it as written was incorrect and required reversal.
CONCLUSION: The appealed judgment is REVERSED for the reason stated in paragraph 2 above, while the parts subject to appeal that fall outside the scope of the reversal are AFFIRMED for the reason stated in paragraph 1 above. The appeal fee shall be refunded to the payer upon request. This decision is unanimous, and the right to appeal within 15 days from the date of notification of this decision remains open. April 25, 2018