Article 173 of the Turkish Civil Code allows a woman to bear the surname of her divorced husband. But in order for it to be possible to bear the husband’s surname, the presence of certain conditions is required.
The woman may wish to use the surname of her divorced husband, or the husband or woman may request that this permission be revoked. There are two cases at stake here. These lawsuits;
The Case of Permission to Use the Husband’s Surname and the Case of Revocation of Permission to Use the Husband’s Surname.
1-)THE CASE OF PERMISSION TO USE THE HUSBAND’S SURNAME:
If it is proved that the woman has an interest in using the surname of her divorced husband, and this will not cause any harm to the husband, the judge at her request allows her to bear the surname of her husband. The court in charge of this case is the family court, and in places without a family court, it is the court of first instance. In case of a positive outcome of this case, the woman may bear the surname of her husband. In the Case of Permission to Use the Husband’s Surname, the lawsuit to be filed must be directed to the male spouse.
2-) THE CASE OF REVOKING THE PERMISSION TO USE THE HUSBAND’S SURNAME:
The husband may request the removal of the permission granted for the use of his surname in case the circumstances change. Although the text of the law states that the case of Revoking the Permission to Use the Husband’s Surname can be filed by the husband, the Supreme Court considers that the case of revoking the permission to use the husband’s surname can also be filed by the woman. If the lawsuit is considered justified, the woman does not continue to use the husband’s surname and returns to her own surname. Again, the woman will be able to continue using her husband’s last name unless the husband requests that the permission be revoked.
The issues to be considered in the Case of Permission to Use the Husband’s Surname and in the Case of Revocation of Permission to Use the Husband’s Surname are as follows:
It is impossible for the court to establish a verdict without a request that the husband be allowed to use his surname after the divorce. There must be a lawsuit on this issue that has been duly filed and the fee has been deposited.
The court in charge of the Case of Permission to Use the Husband’s Surname and the Removal of Permission to Use the Husband’s Surname is the family court, while the court in charge of Correcting the Population Record related to the Surname is the Court of First Instance. The Family Court is not in charge of this issue and these cases should not be confused with each other.
The request to be allowed to bear the surname of the husband she divorced after the divorce is not october annex to the divorce. This is an independent request. The fact that the person has made a request about this in the response petition in the divorce case does not make the request a lawsuit. (Supreme Court 2. HD, 2010/10644 E. 2011/11581 K)
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