Republic of Turkey
Supreme Court of Appeals, 2nd Civil Chamber, Case No: 2016/6774
Decision No: 2016/9063
Decision Date: 04.05.2016
Supreme Court of Appeals Decision
COURT: Family Court
TYPE OF CASE: Divorce
The judgment given by the local court at the end of the trial of the case between the parties, the date and number of which are shown above, was appealed by the plaintiff woman on 21.04.2015 by way of intervention, with an additional decision rejecting the request and regarding the amount of compensation and alimony, and by the defendant man; The entire judgment was appealed, and after reading the documents and considering the matter, it was decided:
1- It was understood that the appeal petition of the defendant’s male lawyer was served to the plaintiff’s female lawyer on March 11, 2015,
and that the plaintiff’s female lawyer filed an appeal within the ten-day legal period by way of intervention with a petition dated March 20, 2015,
therefore, it was necessary to accept that the plaintiff’s appeal was within the time limit and to decide to overturn and annul the supplementary decision regarding the rejection of the appeal request dated April 21, 2015.
2- As for the examination specifically regarding the grounds for appeal;
a-Based on the documents in the file, the evidence and legal grounds on which the decision is based, and especially considering that the plaintiff woman separated from her husband and did not fulfill her marital duties, but despite the woman’s culpable behavior, it is understood that the defendant man is more at fault than the woman in the events leading to the divorce, according to the culpable behavior determined and proven by the court; therefore, all of the defendant man’s appeals and the plaintiff woman’s appeals, except those within the scope of the following paragraph, are unfounded. b-Considering the determined economic and social situations of the parties, the degree of fault in the events leading to the divorce, the purchasing power of money, the attack on personal rights and the existing and expected interests violated, the material and moral compensation awarded in favor of the plaintiff woman is insufficient. In accordance with the principle of equity in Article 4 of the Turkish Civil Code and the provisions of Articles 50 and 52 of the Turkish Code of Obligations, a more appropriate amount of material (Turkish Civil Code Article 174/1) and moral (Turkish Civil Code Article 174/2) compensation should be determined. The judgment rendered without considering these aspects is not correct. CONCLUSION: The appealed judgment is REVERSED for the reason shown in paragraph 2-b above, and the other parts of the appeal that fall outside the scope of the reversal are AFFIRMED for the reason shown in paragraph 2-a above, the costs written below are to be charged to the defendant, the advance payment is to be deducted, and 136.00 TL. Since the appeal filing fee was paid in advance, there is no need to collect any further fees; upon request, the advance appeal fee paid by the plaintiff shall be returned; the right to request a correction of the decision is open within 15 days from the notification of this decision; the decision was made unanimously. 04.05.2016