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BackPrecedent decision from the Supreme Court! The woman who owes money in the divorce case is perfect!
Precedent decision from the Supreme Court! The woman who owes money in the divorce case is perfect!
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Habertürk Gündem15 minutes agoLaw1 min readTürkiyeView original

Precedent decision from the Supreme Court! The woman who owes money in the divorce case is perfect!

In the divorce case held in Karabük, the Supreme Court did not consider it a fault for the woman to owe money to the market and to go to the common child and not return home.

Quick Look

In the mutual divorce case held in Karabük, the 2nd Civil Chamber of the Supreme Court of Appeals stated that the man did not meet the needs of the house and did not consider it a fault for the woman to make debts and not return home.

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Why It Matters

In the divorce case heard at Karabük 1st Family Court, the local court found the man to be at serious fault and the woman to be at least slightly at fault.

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In the case heard at Karabük 1st Family Court, the parties filed a mutual divorce case. During the trial, the fact that the woman went to live with their common children in Alanya and never returned home, and that she made debts to the market and haberdashery shop, were evaluated as the events that led to the divorce.

BOTH SIDES WENT TO THE COURT OF APPEAL

According to the news in DHA, the court found the man seriously at fault and the woman slightly at fault. Both parties filed an appeal against the decision. The 28th Civil Chamber of the Ankara Regional Court of Justice, which examined the file, rejected the man's appeal application on the grounds that it was not filed in time. He partially accepted the woman's application and decided to increase the alimony and compensation amounts awarded in her favor.

"IT IS NOT A FLAW FOR A WOMAN TO DEBT"

After the parties appealed the decision, the file was moved to the 2nd Civil Chamber of the Supreme Court of Appeals. The Supreme Court stated that it was established within the scope of the file that the man did not meet the needs of the house. For this reason, he emphasized that the woman's debt to the market and haberdashery shop could not be blamed on her.

"IT IS NOT CONSIDERED A DEFECT FOR A WOMAN TO GO NEAR THE CHILD"

He also pointed out that the man did not file a divorce case based on the legal reason of abandonment and that the actual separation alone could not be considered a reason for divorce, and that the woman's failure to return home to her common child could not be considered a fault.

"ALISM AND COMPENSATION SHOULD BE INCREASED"

The Supreme Court unanimously approved the appeal decision to increase the amount of alimony and compensation awarded in favor of the woman, ruling that the man was seriously at fault and the woman was slightly at fault in the events that led to the divorce.

Open Questions

  • What kind of verdict will the local court make after the Supreme Court's reversal decision?

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This article was originally published by Habertürk Gündem.

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