ANTALYA SENTRY FAMILY COURT
REQUESTING :A….. B….. (T.C.:…………….)
ADDRESS
ATTORNEY : Lawyer Burak Cem Tosun-Lawyer Deniz Ipek Bayram
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, 2011, they were married (ANNEX-1) and have two children named X and Y (examples of population registration are attached to ANNEX-2) from these marriages. October1, 2011, 2011, they were married October 01, 2011 (ANNEX-1) and they have two children named X and Y (ANNEX-2) from these marriages.
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.
October All this, when she saw the correspondence (October 4) and photos (OCTOBER 5) with another woman on her husband’s phone again, she saw that there was no longer a sustainable side to this marriage. When she asked her husband about the photos and correspondence, her husband accepted the situation and verbally assaulted her client. He texted and cursed his client every day (October-6), and said provocative and flattering words. At this point, the client has decided that it is best to leave the house now and end the marriage.
The client has now lost all hope that this marriage will continue. The defendant was betrayed, deceived, insulted and humiliated by the defendant; psychological violence was applied to the plaintiff. The defendant has shattered the pride and dignity of the client’s femininity. He 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 entirely due to the defendant’s behavior.
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”
The plaintiff client was repeatedly deceived and insulted; he was humiliated and despised. During their marriage, he was subjected to psychological violence by the defendant; he was shot in the face every time he was disliked and unwanted. The client has repeatedly witnessed that his wife cheated on him; his honor, pride have been destroyed. In order for him 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, 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 at the point of repeated disloyal acts by the defendant and unrelated to both him and his children, 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.
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, 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-DIVORCE of the parties due to ADULTERY due to abandonment,
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.16.02.2022
Deputy Plaintiff
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