ANTALYA SENTRY FAMILY COURT
REQUESTING :A….. B….. (ID.:…………….)
ADDRESS
ATTORNEY :Attorney…………
ADDRESS
DEFENDANT :C….. B….. (ID:……………)
ADDRESS
SUBJECT OF REQUEST : The case consists of the submission of our petition.
OUR EXPLANATIONS
Client A….. B…. with the defendant C….. B…., October October 01, 2000, they were married (ANNEX-1) and have two children named X and Y (examples of population registration are attached ANNEX-2) from these marriages. October 1, 2000, they were married (ANNEX-1).
It is a well-known situation among the parties that the defendant has extramarital affairs from time to time. The client has caught the defendant in extramarital affairs many times; the defendant has asked for forgiveness each time. Although the client is trying to maintain family unity, he has decided that it is best to leave the house now.
The client has now lost all hope that this marriage will continue. At this point, he filed a lawsuit to leave and the Ankara ( ) Family Court …./… Base …./… The decision to leave has been made with the decision file numbered; the decision has been finalized (October-3).
The client learned from his relatives that the defendant was tried for drug trafficking. The defendant’s Ankara ( ) High Criminal Court …./…. Base …./…. He learned that he was sentenced to a freedom-binding sentence by being tried with his Decision file (October-4). At this point, the Ankara ( ) High Criminal Court …./…. Base …./…. We request a subpoena of his numbered file and a criminal record of the defendant. (October-5)
This humiliating crime committed by the defendant negatively affected the life of the client and his children, causing his head to be tilted forward by his surroundings. It has become impossible for the client to continue this marriage.
TMK 163. According to the article, “If one of the spouses commits a humiliating crime or leads an undignified life and for these reasons cannot be expected from the other spouse to live with him, that spouse can always file for divorce. it is said that “.
For these reasons, it has been necessary to substitute this divorce case since the continuation of the marriage union has now become unexpected from the client.
The plaintiff is entitled to seek non-pecuniary damages. As per Article 174/2 of the TCC, “The party whose right of personality has been attacked due to the events that caused the divorce may request that an appropriate amount of money be paid as moral compensation from the other party who is defective. It is said that “. THE DEFENDANT IS GROSSLY FLAWED IN ENDING THE MARRIAGE. It has caused the client’s personal rights to be attacked.
However, considering that the joint children are very young and the schools they attend and the lifestyle they are used to, it will be in their best interests to stay with the plaintiff client. In addition, it is clear that the common children will have a healthier life process with the plaintiff client, their education will not be disrupted, and they will find a happy and warm family environment at the point that the defendant has committed a crime and received a freedom-binding punishment.
For this reason, we request that the custody of the minor children who are with the plaintiff client be given to the plaintiff client during this process and that a temporary custody relationship be established in favor of the plaintiff client during the lawsuit process.
LEGAL REASONS : HMK, TMK, Av. Blood. And other relevant legislation
EVIDENCE : Population records, settlement documents, Ankara ( ) Family Court …./… Base …./… Decision No. 1, Ankara ( ) Heavy Criminal Court …./…. Base …./…. The numbered Decision file, the defendant’s criminal record, the expert report, the witness, the discovery, the oath and so on delail.
We reserve the right to present evidence against the evidence presented/submitted by the counterparty
CONCLUSION AND CLAIM : For the reasons described above and which will be considered by your Honorable Court you’re
1-ACCEPTANCE of our just cause and all our demands,
2-THE Parties TO A DIVORCE DUE TO THE DEFENDANT’S COMMITTING A CRIME,
3-Granting custody of joint children of younger age to the plaintiff client and granting temporary custody in favor of the plaintiff client during the litigation process,
4-Alimony for the return of joint children should be decided monthly by a reasoned decision during the trial period and after the trial in favor of each of them, and this price should be increased by the State Statistical Institute or the relevant institution at the rate of increase in the Producer Price Index determined by the relevant institution in the coming years,
5-Due to the fact that the defendant’s defective behavior caused moral damage to my client, (provided that our rights to the surplus are reserved FOR NOW) the legal interest of the moral compensation of 000.00 TL will be taken from the defendant and given to my client,
6-Provision for alimony of 000.00 TL to be converted into poverty alimony after divorce,
7-We demand that all kinds of trial expenses and fees be decided by proxy to the other party for the assessment of the power of attorney.22.02.2022
Deputy Plaintiff
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