………. TO THE FAMILY COURT ON DUTY
PLAINTIFF :A….. B…. (T.C.:………..)
address :…
attorney :
DEFENDANT : Non-Adversarial
SUBJECT OF THE CASE:The cancellation of the waiting period set for women by the Turkish Civil Code consists of the submission of our petition for a lawsuit demanding the abolition of the waiting period.
OUR EXPLANATIONS
Client A….. B…. with his ex-wife C… D…, Ankara ( ) Family Court ../../…. history…./… Mainly and …./… They divorced with a decree Numbered Decision. The decision to divorce ../../…. It was finalized with a dated decree and processed to the population.
Article 132/1 of the Turkish Civil Code No. 4721 states: “If the marriage has been terminated, a woman may not marry unless three hundred days have passed since the termination of the marriage.”
According to the mentioned article, the 300-day waiting period for the client started with the finalization of the divorce and is still continuing. However, the client has met someone else during this process and wants to start a new life with him. The waiting period determined by our law constitutes an obstacle for the client to remarry.
Again, 132.article 3.he says in his paragraph: “The court removes this period if it is understood that the woman is not pregnant from her previous marriage or if the spouses whose marriage has ended want to marry each other again.”
It will be seen by receiving the medical reports submitted in the Oct. of this petition and a new medical report to be requested by your court if necessary, that the client is not pregnant. Therefore, there is no reason why this waiting period should not be removed.
For all these reasons explained, client A….. B…. since he wants to get married again, we have been given the necessity to request that this obstacle to the client’s marriage be removed from the 300-day waiting period established by law.
LEGAL REASONS : HMK, TMK m.132, Av. Blood. And other relevant legislation
EVIDENCE : Ankara ( ) Family Court ../../…. Given in the history …./… Mainly and …./… Decision numbered decision, Population records, Health Reports, witness, expert witness, oath and other evidence.
CONCLUSION AND REQUEST : For the reasons described above and re ’ by your Honorable Court you will be considered
1-ACCEPTANCE of our case and all our requests,
2-TMK m.in accordance with Article 132, we request by proxy that the 300-day waiting period determined for the client be decided to be LIFTED.13.02.2023