ANTALYA SENTRY FAMILY COURT
PLAINTIFF :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…., they were married on 01.01.2000 (October-1) and have been since ……………………..They live together at the Ankara address.
The client has been under constant pressure from the defendant during their marriage, the defendant has treated the client as if he were his slave, not his wife, and has never respected him. The defendant has never stopped insulting the client and humiliating him in front of people; he has never cared about the client’s honor and pride.
Throughout their marriage, the defendant has taken humiliating attitudes towards his client by scolding and insulting the client like a child. The defendant never showed respect to his client; he ignored that he was an individual. Even when a guest came to their house, he tried to humiliate him by insulting his client in front of people without caring about this situation.
The upper neighbors of the parties from the apartment building where the family residences are located are D… E… and F… E…. they often come in and out of the parties’ houses and witness their family life. It will also be seen for their hearing by your court that the defendant humiliates, humiliates and insults his client at every opportunity. In these matters, the accounts of the witnesses are of great importance. (The information of the witnesses will be submitted with a petition for evidence.)
The Supreme Court on this issue is the 2nd. The decree No. 2011/17181 of the Law Department dated 27.10.2011, Based on 2010/16063, states: “…. It is understood that the plaintiff woman insulted her husband and humiliated her husband by not showing good hospitality to her guests.” As it was revealed by the decision of the Supreme Court, it is social violence to humiliate your spouse by not showing good hospitality to the guests. The defendant is also grossly flawed by these actions.
The plaintiff client was thus 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.
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.
LEGAL REASONS : HMK, TMK m. 166-174-175, Av. Blood. And other relevant legislation
EVIDENCE : Population records, settlement documents, expert report, witness, discovery, oath and other evidence.
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-DIVORCE OF THE PARTIES DUE TO THE FACT THAT THE FOUNDATION OF THE MARRIAGE UNION HAS BEEN SHAKEN,
3- 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) 000.00 TL moral compensation will be taken from the defendant with legal interest and given to my client,
4- Provision for alimony of 000.00 TL to be converted into poverty alimony after divorce,
5- We demand that all kinds of trial expenses and fees be determined by proxy to the other party for the assessment of the power of attorney.03.03.2022
Deputy Plaintiff
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