Walking Towards The Spouse To Inflict Violence Is Violence And Grounds For Divorce
2nd Civil Chamber
Principal Number: 2015/10721
Decision Number: 2016/327
“Case Law Text”
COURT : Family Court
TYPE OF CASE :Mutual Divorce
At the end of the trial of the case between the parties, the judgment given by the local court, dated and numbered above, was appealed by the plaintiff-counter-defendant woman in terms of both cases, the documents were read and discussed accordingly:
Although the court decided to dismiss the divorce case by accepting that the plaintiff-counter-defendant woman was completely at fault in the events that caused the divorce, from the investigation and the collected evidence; it is understood that the defendant-counter-defendant scolded and shouted at his wife in the presence of others, swore at his wife and her family by saying “bastards”, behaved physically violent by walking on his wife and kicked out his wife and her family by saying “take your daughter and go away”. In this case, there is an incompatibility between the parties to the extent that it shakes the common life from its foundations and does not allow the continuation of the union. The plaintiff-cross-defendant woman is also right to file a lawsuit in the face of the events that took place. While the plaintiff-counter-defendant woman’s divorce case should be decided to be accepted, it was not deemed correct to reject it in writing by making a mistake in the appreciation of the evidence.
CONCLUSION:
It was unanimously decided that the appealed judgment shall be DISMISSED in terms of the rejected divorce case of the plaintiff-counter-defendant woman for the reasons shown above, that the other appellate objections shall not be examined for the time being since a new judgment will be made about the divorce case of the defendant-counter-defendant man according to the reason for the reversal, that the pre-appeal fee shall be returned to the depositor upon request, and that the way of correction of the decision shall be open within 15 days after the notification of this decision.11.01.2016
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