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Investigations Cannot Be Taken Without Completing The Petition

by | Jun 20, 2020 | The Civil Procedure Law Procedure | 0 reviews

Investigations Cannot Be Taken Without Completing The Petition

  • The defendant's answer petition was not correct to be decided in writing by proceeding with the investigation phase without notifying the plaintiff man and completing the petition stage.

The relevant Supreme Court decision is as follows:

CASE TYPE: Divorce
At the end of the proceedings between the parties, the judgment given by the regional court of law, the date and number shown above, was appealed by the defendant woman, the document was read and discussed and deemed necessary:
As a result of the trial of the divorce case filed by the plaintiff male by the court of first instance, the Turkish Civil Code of Parties 166/1 of the parties to the acceptance of the plaintiff's divorce. In accordance with the article, it was decided that there was no room for 200 Turkish lira measure, 200 Turkish lira poverty alimony, and the decision of the parties regarding the compensation claims in favor of the defendant woman. Stating that the defendant woman did not submit a petition of reply and notify her witnesses with the decision no 11, no. With the rejection of the appeal for the claims of indemnity claims that have not been established, the defect of the plaintiff man, the claims of undemanded indemnity and the acceptance of the appeals for poverty alimony, the 04.05.2017 TL pecuniary compensation is taken from the defendant woman and the plaintiff is given to the plaintiff. It was decided to reject the claimant's claim for moral compensation and the defendant's demand for poverty support.
The sentence was appealed by the defendant woman.
The plaintiff male, on 06/07/2015, 166/3 of the Turkish Civil Code. He filed a lawsuit with a request for a divorce based on the article.
The defendant made a request for 27 Turkish lira monthly support with the petition she gave on 11/2015/500, and at the hearing held on 03.12.2015, the plaintiff declared that the defendant woman did not accept the request for poverty.
Since the parties could not agree on the financial results of the divorce, the case ceased to be a consensual divorce and turned into a self-contentious divorce (TMK art. 166 / 1-2). In this case, the court is given the time to provide evidence of each case they have put forward as the basis of their claims and defenses, and their evidence that will provide proof of each case they have put forward as the basis of their claims and defenses, and to ensure that the petitions are mutually granted, after the investigation has been duly conducted While it is necessary to make a decision in accordance with the result to be realized by collecting the evidence shown in the figure, the preliminary examination hearing was made by the court of first instance before the completion of the petition stage, and the parties were given definite time to report their evidence.
In the preliminary examination hearing before the petitions stage is completed, the exact time given to the parties to report their evidence lacks legal value.However, the petition given by the plaintiff male on 17/12/2015 was requested to divorce in accordance with the 166 / 1-2 articles of the Turkish Civil Code, based on the legal reason, and the petition and the plaintiff party's claim to be shaken from the foundation of the marriage union. reported their evidence and the result of the request.
The petition of the plaintiff male dated 17/12/2015 was notified to the defendant woman in the session dated 23.03.2016, and the petition was answered by the defendant on 03.03.2016.
In the 136th article of the Civil Procedures Law, the petition to respond to the reply within two weeks from the notification of the plaintiff's reply petition to him; The defendant was also deemed to have filed a second reply petition within two weeks from the notification of the plaintiff's response, in article 137, after the mutual submission of the petitions, the preliminary examination will be conducted, the investigation cannot be given until the preliminary examination is completed and the necessary decisions are taken.
In this case, it was not correct to decide in writing before the defendant woman's reply petition was notified to the plaintiff man and the petition stage was completed and the proceedings were proceeded through the investigation stage.
In this case, the work to be done by the court, the right of the defendant's answer petition to be given to the plaintiff man, and the plaintiff man's right to submit a petition to answer the answer, after the completion of the mutual submission of the petitions, a preliminary examination hearing is held and the issues that the parties agree and cannot agree on within the framework of their claims and defenses (HMK m. 140) For controversial cases that are not understood by the parties and that may be effective in the resolution of the dispute, if the evidence is duly shown, proceeding to the investigation stage and collecting the evidences shown, collecting and evaluating them together to reach a conclusion.
Without regard to these issues, the ruling facility in writing is a violation of the right to be heard legally (HMK art. 27) and has required a breakdown.
CONCLUSION: It was unanimously resolved that the judgment was destroyed due to the reason shown above, that the other appeal objections are not examined for the reason of the corruption, that the appeal fee is returned to the depositor upon request and the file is sent to the district court of law. 03.07.2019 (Wed.) (2nd Law Department 2019/4548 E., 2019/7998 K. “Case-law” COURT: 11th District Court of Istanbul Regional Court of Justice)

Source: https://www.yargitay.gov.tr/

Lawyer Saim İncekaş

Lawyer Saim İncekaş

Adana İncekaş Law Office

Lawyer Saim İncekaş. He resides in Adana. He continues his studies at İncekaş Law and Consultancy Office as a founder. Criminal Law, Civil-Divorce-Family Law, IT Law attorneys are the main working branches.

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