ANTALYA SENTRY FAMILY COURT
REQUESTING :A….. B….. (T.C.:…………….)
ADDRESS
ATTORNEY :Attorney …………….
ADDRESS
DEFENDANT :C….. B….. (T.C.:……………)
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).
There have been problems between the defendant and the client that have started from time to time from the very beginning of marriages, all of which are caused by the defendant’s Decency, but these problems have become even more frequent in recent years. Defendant Yan has constantly caused problems for no reason during his marriages and has shown disrespectful, unloving and disinterested attitudes towards both the plaintiff client and his family.
After the joint children were born, there was no improvement in the defendant’s attitude; on the contrary, it became worse. The defendant did not show interest in joint children; he did not try to meet their needs. He has a bad attitude towards both the common children and the client.
As October be seen from the SSI records (October-3) that we have submitted in the annex to this petition, the client has been working in … for years … and provides for the livelihood of the marriage union. The defendant worked in temporary jobs during the first years of their marriage; he later stopped working. The defendant does not have a fixed income and does not contribute to the livelihood of the house, the needs of the children or even his own livelihood; he looks after the client’s hands.
In addition to the fact that the defendant has no financial contribution to the family union, he also damages the family budget with his gambling and betting habit that has been going on for the last year. The defendant, who receives almost all the money from the client, plays various types of gambling and bets. These bets, which the defendant played for fun at first, have become an addiction over time. This addiction causes great damage to the family economically as well as spiritually.
When the defendant loses by betting, he takes on a depressed mood and treats both the client and the joint children badly. When he earns, he consumes all the money he gets in nightlife by having fun with his friends outside and drinking alcohol. The defendant, who repeatedly comes home drunk at night, humiliates his family against neighbors and the environment. The testimony of the neighbors that we submitted to the file is also the biggest proof of the nights when the defendant came home drunk.
Defendant, ../../…. History ….he was detained by a police raid while gambling in October(APPENDIX-4). The defendant causes the client and his family to tilt their heads forward; He sets a bad example for young children with his negative behavior.
The client has now lost all hope that this marriage will continue. The defendant’s bad habits, his inability to work, his lack of contribution to family unity, as well as the fact that he has been harmed both financially and morally, have now bothered him. The defendant has never shown love and attention to the plaintiff and the joint children. The plaintiff was able to feel that she was neither loved in her own home nor that there was a home for her and her children. At this point, the defendant is grossly flawed in ending the marriage. The plaintiff is entitled to claim both material and non-pecuniary damages. That is to say:
According to Article 174/1 of the Turkish Civil Code: “A perfect or less defective party whose current or expected interests have been damaged by a divorce may request appropriate financial compensation from the defective party.” First we need to explain that,
As is fixed in our defendant statements, it is severely defective and the plaintiff client has no defects. The plaintiff’s order is completely disrupted and damaged by the divorce. However, there is no sustainable side to this marriage either; it has become unbearable for the parties and cannot continue. This was completely due to the dishonorable behavior of the defendant.
According to Article 174/2 of the Turkish Civil Code: “The party whose right to personality has been attacked due to the events that caused the divorce may request an appropriate amount of money to be paid as moral compensation from the other party who is defective”
Although the plaintiff encouraged the defendant to fight the defendant’s alcohol and gambling/betting addictions, the defendant did not make any effort at this point. The defendant’s addictions harm the family unity, cause the family economic hardship and humiliate the family against their environment. Dec all these struggles, the client has been forced to struggle with great spiritual difficulties alone. The defendant has never been with the client, but he has tried to take the pain of all the troubles he has experienced out of the client, treated him badly and used psychological violence. In order for the client to be able to ask for moral compensation, all the conditions sought by the law have been met, and it is a recognized right of the client to ask for compensation for the suffering he has experienced.
However, given that the joint children are of a very young age, the schools they attend and the defendant’s undignified lifestyle, it will be in their best interests to stay with the plaintiff’s client. In addition, it is clear that the joint 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 addictions and treats both himself and his children disinterestedly and irrelevant.
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, SSI records, Message and photo outputs, expert report, witness, discovery, oath and other 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 THE DIVORCE DUE TO THE DEFENDANT’S LIFE WITHOUT DIGNITY,
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 material and moral damage to my client, (provided that our rights to the surplus are reserved FOR NOW) 000.00 TL material, 000.00 TL moral compensation will be taken from the defendant with legal interest 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.17.02.2022
Deputy Plaintiff
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