TR HIGH COURT No. 2015/19054
- Law of the Civil Chamber
Decision No: 2016/11164 Decision Date: 06.06.2016
Supreme Court Decision
COURT :Family Court
TYPE OF CASE: Divorce
The local court at the end of the proceedings in mutual divorce cases between the parties
the decision, the date and number of which is given above, the determination of the fault by the defendant man,
By appealing for compensation and alimony, the documents were read and the need was discussed and evaluated:
1- The items in the file, the evidence on which the decision is based, the legal grounds and especially the evidence.
Provided that there is no mistake at the discretion of the defendant, which is outside the scope of the paragraph below,
objections are unfounded.
2-As per article 166/1 of the Turkish Civil Code, the marriage union of the parties has been shaken.
It was decided to divorce on legal grounds. The defendant’s husband physically abused his wife
has applied. Although it was decided that the plaintiff was awarded non-pecuniary damage; investigation and
Evidence collected after the physical violence event, the parties came together and continued the marriage union.
Thus, the plaintiff woman forgave the defendant, or at least turned a blind eye to this event.
understandable. Another material event that constitutes an attack on the personal rights of the plaintiff is
has not been proven. In this case, the claimant woman’s request for non-pecuniary damage (TMK art. 174/2) is rejected.
however, his admission was not correct.
CONCLUSION: In terms of non-pecuniary damage for the reason stated in the second paragraph above, the appealed decision
DETECTION and the parts that are out of the scope of reversal for the reason specified in the first paragraph.
TO APPROVE, to refund the objection fee to the depositor, if requested as of the notification of this decision,
It was decided unanimously, with the possibility of rectification open within 15 days from the date of the decision.