T.R. SUPREME COURT
2nd Civil Chamber Act No:2015/19054
Decision No: 2016/11164 Decision Date: 06.06.2016
Supreme Court Decision
COURT :Family Court
TYPE OF CASE: Divorce
At the end of the proceedings of mutual divorce cases between the parties, the local court
the judgment given above, the date and number of which is indicated, the determination of fault by the defendant man,
By appealing in terms of compensations and alimony, the documents were read and the need was discussed and considered:
1- The articles in the file, the evidences on which the decision is based, the legal reasons and especially the evidences.
provided that there is no mistake in the discretion of the defendant man, which is outside the scope of the following subparagraph
appeals are unfounded.
2-As per the article 166/1 of the Turkish Civil Code, the marital union of the parties is shaken.
It was decided to divorce on legal grounds. The defendant’s husband physically abused his wife
Although it was decided to indemnify the plaintiff on the grounds of non-pecuniary damage; the investigation and
After the physical violence incident from the collected evidence, the parties came together and continued the marriage union.
so that the plaintiff woman forgave the defendant, at least tolerated this incident.
understandable. Another material incident, which is an attack on the personal rights of the plaintiff,
has not been proven. In this case, the claimant woman’s request for non-pecuniary compensation (TMK m. 174/2) is rejected.
however, its acceptance was not correct.
CONCLUSION: In terms of non-pecuniary damage for the reason stated in the second paragraph above, the appealed judgment
DETERMINATION, and the parts that are out of the scope of disruption for the reason indicated in the 1st paragraph.
TO APPROVE, to return the appeal fee to the depositor upon request, from the notification of this decision
It was unanimously decided within 15 days from the date of the decision, with the possibility of rectification open.