If the divorce case based on the legal reason for abandonment (Turkish Civil Code article 164) is accepted, the fault belongs to the party who does not return to the common residence without a fully justified reason. Since the court accepted the divorce case based on the legal reason for the abandonment of the plaintiff-defendant husband, and the counter-divorce case based on the deterioration of the marriage union of the defendant-plaintiff woman (Turkish Civil Code Article 166/1), poverty alimony will not be awarded for the benefit of the fully flawed defendant-plaintiff woman. Without observing of the Turkish Civil Code article 175 , the appraisal of poverty alimony for the benefit of the defendant-plaintiff woman, rather than the rejection of the request, was contrary to the procedure and the law and required breaking it.(Court of Appeal 2. HD – Decision: 2014/494).
