The man who kicked his wife out of the house is at fault. You can review the sample Supreme Court Decision.
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Principal Number: 2016/24716
Decision Number: 2018/10846
“Justice Text”
COURT :Family Court
TYPE OF CASE: Divorce
The judgment given by the local court at the end of the proceedings of the case between the parties, whose date and number is shown above; Detection of fault, rejected compensations, refusal of poverty and precautionary alimony, and the amount of alimony were read, the documents were read and the necessary consideration was given:
1-According to the writings in the file, the evidence on which the decision is based, the legal reasons, and especially the fact that there is no mistake in the appraisal of the evidence, the appeal objections of the plaintiff woman, which are outside the scope of the following paragraphs, are unfounded.
2- Court; In the events that led to the divorce, on the grounds that “the plaintiff woman says that she does not love and does not want the defendant husband, leaves the common house frequently, and the defendant man kicks her out of the house”, it is accepted that the plaintiff woman is heavily flawed and the defendant man is less flawed, and the plaintiff woman is compensated for material and moral damages ( TMK m.174/1-2) requests were rejected.
In accordance with Articles 129/1-d-e of the Code of Civil Procedure numbered 6100, which was in force at the date of the case, the defendant has to show all the facts that are the basis of his defense under the serial number and with their clear summaries, and in the reply petition, which evidences will be proved for each case put forward as the basis of the defense.
In the concrete case; the defendant man did not submit a reply petition in due time and did not rely on the evidence of the witnesses. The period given during the preliminary examination phase for the reporting of the unsupported evidence is ineffective and the statements of the witnesses that the defendant did not report in due time cannot be taken into account in determining the fault (HGK decision dated 20/04/2016, 2014/2-695 b. and 2016/522 decision). In this case, it is not correct to blame the plaintiff woman on the basis of the evidence and witness statements that were not duly put forward in due time by the court. In the events leading to divorce, according to the faulty behavior of the defendant man, which is not appealed; It is necessary to accept that the defendant man, who expelled his wife from the house, is completely flawed, and the acceptance that the plaintiff woman is seriously flawed is wrong and necessitated breaking it.
3- As explained in the second paragraph above, the defendant man is at fault in the events leading to the divorce. The faulty behaviors that take place also constitute an attack on the personal rights of women. The conditions for pecuniary and non-pecuniary damages (TMK m.174/1-2) have been established for the benefit of the plaintiff woman. Depending on the faulty determination of the parties, the rejection of the claimant’s material and moral compensation requests was not considered correct.
CONCLUSION: It is decided within 15 days from the notification of this decision, that the appealed judgment be OVERFINED for the reasons indicated in the 2nd and 3rd paragraphs above, that the parts of the appeal that are outside the scope of the reversal of the judgment be APPROVED for the reason stated in the 1st clause above, that the appeal fee be returned to the depositor upon request. It was unanimously decided that the way of rectification was open. 09.10.2018(Tuesday)