Divorce Petition (Contested)

APPLICATION NO: 2024/258-B

TO THE HONORABLE JUDGE OF THE ISTANBUL DUTY FAMILY COURT

A request for precautionary measures has been made.

PLAINTIFF: MY (Turkish Republic Identity Number: ……………………) (Address: ………………………………………………………)

REPRESENTATIVE: Attorney Aydanur NAS (Address: Istanbul Bar Association – Levent Mah. Lawyers Plaza, No: 4 Beşiktaş/ISTANBUL)

DEFENDANT: SY (TR ID Number: ……………………) (Address: ………………………………………………………)

SUBJECT: This is our lawsuit petition requesting a DIVORCE of the parties pursuant to Article 161 (Adultery) and Article 166 (Fundamental Breakdown of the Marital Union) of the Turkish Civil Code; awarding 2,000,000.00 TL in material damages and 3,000,000.00 TL in moral damages; granting custody of the joint child to us; placing a precautionary measure on movable/immovable properties registered in the defendant's name; and requesting alimony.

EXPLANATIONS:

I. ESTABLISHMENT AND GENERAL COURSE OF THE MARRIAGE UNION

The plaintiff, MY, and the defendant, SY, were married on …/…/2015 in a union believed to be based on mutual love and respect. From this marriage, they have a child named “K.”, born on …/…/2018, who is currently 6 years old.

From the very first day of their marriage, the client has made every sacrifice to uphold the sacred bond of family in Turkish society and to provide a peaceful home for his wife and child. The client, a highly qualified architect, provided full financial and moral support to the defendant during their business ventures in the early years of their marriage, even sacrificing his own career to pave the way for the defendant's rise in the business world. However, the defendant gradually abandoned this supportive attitude from the early years of the marriage; particularly as he achieved commercial success and economic power, he adopted an indifferent, rude, humiliating, and ultimately unfaithful attitude towards the client. At this point, due to the defendant's severely flawed behavior, infidelity, and psychological abuse, the marriage has been fundamentally shaken and has become impossible for the client to continue.

II. GROUNDS FOR DIVORCE AND THE DEFENDANT'S SERIOUSLY FAULTY ACTIONS

A. ADULTERY (DECEPTION) AND VIOLATION OF THE DUTY OF LOYALTY (Turkish Civil Code Article 161)

Article 185 of the Turkish Civil Code mandates that spouses remain faithful to each other. However, the defendant disregarded this most fundamental obligation and deceived the client.

1. Discovery of the Incident: On …/…/2024, the client became suspicious of the defendant's suspicious behavior, her constantly hiding her phone, and her late arrivals home. As a result, the client learned that the defendant had been having a long-term romantic relationship with a person named "CA." This was confirmed by messages and photos found in a WhatsApp Web session on the defendant's computer, which she had carelessly left open.

2. The Scope of the Relationship: It is established by the attached hotel records (Appendix-1) and flight tickets (Appendix-2) that the relationship between the defendant and the aforementioned third party, CA, was not merely emotional but a full act of "adultery" including sexual intercourse. Between the dates of …-…, when the defendant told the client, "I'm going on a business trip, I have a dealer meeting in Antalya," she actually stayed in the same room with her lover, CA, at a 5-star hotel in Antalya/Belek.

3. Humiliation of the Client: Even worse, the defendant didn't even bother to conceal this illicit relationship, publicly displaying her lover as a "business partner" within their shared social circles, damaging the client's honor in public. The client was repeatedly devastated by phone calls from friends saying, "We saw your husband with Ms. C. at dinner, they were very intimate."

B. PSYCHOLOGICAL VIOLENCE, HUMILIATION, AND ECONOMIC PRESSURE

The defendant not only committed infidelity but also systematically subjected the client to psychological abuse.

1. Constant Humiliation: The defendant, especially over the last two years, has repeatedly insulted the client, saying things like, "You're getting old, you don't take care of yourself," "I'm ashamed to be near you," and "With that mindset, you don't deserve to be by my side," completely destroying the woman's self-confidence. These statements have damaged the client's mental health and driven her into severe depression.

2. Economic Abuse: Despite being a highly wealthy businessman (owner of a logistics company), the defendant even withheld household expenses, forcing the client to beg for pocket money. Because the client, under pressure from the defendant, gave up her profession as an architect, demanding that she "take care of the child," she became completely dependent on the defendant economically, a situation used as a threat. Threats such as "If you divorce me, you will starve, you will suffer" are the biggest factor that has kept the client silent until now.

III. LEGAL CLASSIFICATION AND EVALUATION IN LIGHT OF SUPREME COURT CASE LAW

Supporting the legal grounds of our case with precedents set by the Supreme Court of Appeals is essential to demonstrating the legitimacy of our claims.

1. Divorce Due to Adultery and Ease of Proof: According to the established jurisprudence of the 2nd Civil Chamber of the Supreme Court of Appeals, it is not necessary to catch someone red-handed to prove the act of adultery. Staying in a hotel room with another person, or frequently meeting late at night, contrary to the ordinary course of life, constitutes presumptive evidence of adultery.

• The 2nd Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2017/1234 E., 2019/567 K., stated: “It is established by records that the defendant husband stayed in the same hotel room with another woman. This constitutes a strong presumption that sexual intercourse took place and is sufficient grounds for a divorce on the basis of adultery.”

In this specific case, the defendant has hotel records and intimate photos with CA. Therefore, pursuant to Article 161 of the Turkish Civil Code, a divorce should be granted on the grounds of adultery.

2. Behavior Undermining Trust and Moral Damages: The defendant, by violating the duty of loyalty, has committed a serious attack on the client's personal rights.

• The Supreme Court's General Assembly of Civil Law, in its decision numbered 2010/2-245 E., 2010/333 K., stated: "The infidelity of one spouse constitutes an attack on the social personality values ​​of the other spouse. The distress and suffering experienced by the betrayed spouse warrants compensation for moral damages."

3. Determination of Fault: Throughout the marriage, the client strictly adhered to the obligations of fidelity, assistance, and care. No fault attributable to the defendant exists on the client's side. On the contrary, the defendant is COMPLETELY AT FAULT for acts of adultery, insult, humiliation, and economic abuse. While it is not possible for the guilty party to request a divorce from the innocent or less guilty spouse, the acceptance of the client's request for divorce against the fully at-fault defendant is required by law.

IV. BASIS OF OUR COMPENSATION AND ALIMONY CLAIMS

A. OUR CLAIM FOR MATERIAL COMPENSATION (2,000,000.00 TL)

According to Article 174/1 of the Turkish Civil Code; "The innocent or less culpable party whose existing or expected interests are harmed due to divorce may request appropriate financial compensation from the culpable party."

1. Loss of Future Expectations: The client trusted the defendant when marrying him, sacrificed her career, and tied her future to the defendant's success. With the divorce, the client will lose the high standard of living that the defendant provided and would have provided. The defendant owns a logistics company with a monthly income in the millions. The client's share in this wealth and the resulting loss of support are significant.

2. Financial Contributions: As stated at the beginning of our petition, at the start of their marriage, our client used her inheritance and savings from her family to help the defendant establish a business. These contributions were never repaid; the defendant enriched herself with the business she built with this money, while leaving our client out of the picture.

For these reasons, taking into account the defendant's economic capacity and degree of fault (adultery), we request that the defendant be awarded 2,000,000.00 TL in material compensation.

B. OUR CLAIM FOR MORAL DAMAGES (3,000,000.00 TL)

According to Article 174/2 of the Turkish Civil Code; "The party whose personal rights have been violated due to the events leading to the divorce may request the other party, who is at fault, to pay an appropriate amount of money as moral compensation."

1. Severe Trauma from Betrayal: The client was betrayed by her husband, whom she considered her closest confidante, and this betrayal was masked by lies about a "business trip." The client's womanly pride was trampled upon.

2. Loss of Social Reputation: The defendant's public appearances with his lover have portrayed my client as the "betrayed woman" within their social circles, making it impossible for her to face people.

3. Psychological Breakdown: Due to this experience, the client has had to seek psychological support and has started taking antidepressant medication (Doctor's reports are attached).

Considering the severity of the defendant's fault (adultery), the manner in which the incident occurred, and the economic circumstances of the parties, and taking into account the deterrent effect, it has become necessary to claim 3,000,000.00 TL in moral damages.

C. CUSTODY AND CHILD SUPPORT

The joint child, K., is only 6 years old and needs maternal affection and care. The defendant's disorderly lifestyle, alcohol use (which will be proven by witnesses), and morally corrupt nature do not provide a suitable environment for the child's development. In accordance with the Supreme Court's principle of "the best interests of the child," granting custody to the mother is essential.

Furthermore, considering the defendant's high income and the child's expenses such as private school, courses, and transportation, we request that the court order a provisional alimony payment of 50,000.00 TL per month, effective from the date of the lawsuit, and that this continue as child support after the judgment becomes final

D. ALIMONY FOR POVERTY

My client is the party who will fall into poverty due to the divorce. She is unemployed and has no income. Therefore, we request that the court order a provisional alimony payment of 40,000.00 TL per month from the date of the lawsuit, and that this continue as alimony after the divorce

V. OUR REQUESTS FOR PRECAUTIONARY MEASURES (PREVENTION OF ASSET CONCEALMENT)

From the moment the defendant sensed that a divorce case was about to be filed, he began to transfer his assets and evade paying cash. According to information obtained by the client, the defendant is preparing to transfer the vehicles registered under his company and his personal real estate to third parties.

According to Article 169 of the Turkish Civil Code, when a divorce case is filed, the judge shall, ex officio, take temporary measures regarding the spouses' housing, livelihood, and management of their assets. Furthermore, in the practice of the Supreme Court, it is accepted that precautionary measures can be imposed within the divorce case itself, as a guarantee for compensation rights, even before the outcome of the "Property Regime Liquidation" case.

In this context;

1. A precautionary measure was requested to prevent the transfer of the defendant's shares in ……… Logistics Inc. , of which he is the sole owner, to third parties

2. registered in the name of the defendant , located in …… Province, …… District, …… Island, ….. Parcel(even if there is a Family Home annotation, as an additional security measure).

3. The court ordered that a "Cannot be sold" annotation be added to the registration of the luxury vehicle with license plate number 34 … … belonging to the defendant

4. We request that the portion of the defendant's bank accounts (specifically ... Bank and ... Bank) liquid assets sufficient to cover our compensation claim be frozen

We urgently request a decision. Otherwise, it will become impossible to collect the compensation we may win at the end of the lawsuit.

VI. EVIDENCE

We rely on the following evidence to prove our claims:

1. Population Family Registration Certificate: Proves the marital union of the parties.

2. Hotel Records and Invoices: Documents proving the defendant's stay with CA in Antalya (requested from the police and the relevant hotel).

3. Flight Tickets and PNR Records: Travel records of the defendant and his girlfriend (obtained from Turkish Airlines and Pegasus Airlines).

4. WhatsApp Web Screenshots: Conversations proving infidelity and insults.

5. Social Media Posts: Photos of the defendant with his girlfriend.

6. Bank statements and credit card statements: Documents showing the defendant's expenses for his girlfriend and the financial restrictions (spending limits) he imposed on the client.

7. Witness Statements:

   • Witness AB: The client's sister. She personally witnessed the discord between the parties, the defendant's insults, and the depression the client suffered.

   • Witness CD: The defendant's former business partner. Witnessed the defendant's statement, "I'm tired of my wife, I'm with C."

   • Witness EF: Neighbor. Witnessed sounds of arguments coming from the house and the defendant's absence from the house. (Our witness list and addresses will be provided later.)

8. Psychologist/Doctor Reports: Provide evidence of the psychological treatment received by the client.

9. Land Registry and Vehicle Registration Records: To determine the defendant's assets.

10. Expert Examination: To determine the defendant's financial situation and calculate compensation.

11. Oaths and Other Legal Evidence.

CONCLUSION AND REQUEST:

For the reasons detailed above and which your esteemed court will consider ex officio;

1. FIRST AND FOREMOST; Since it is highly probable that the defendant will conceal assets and the collection of our compensation rights will be jeopardized; a PRECAUTIONARY MEASURE SHALL BE PLACED , without collateral, on the immovable properties, vehicles, and company shares registered in the name of the defendant .

2. With the ACCEPTANCE of our rightful claim ; it is determined that the defendant is fully at fault due to ADULTERY (Turkish Civil Code Article 161) and FUNDAMENTAL BREAKDOWN OF THE MARRIAGE UNION (Turkish Civil Code Article 166), and the parties are GRANTED DIVORCE .

3. The custody of the joint child K. should be given to the plaintiff mother.

4. The provisional alimony payment of 50,000.00 TL per month for the joint child, effective from the date of the lawsuit, shall continue as child support , to be increased annually according to the CPI rate after the decision becomes final .

5. The court ruled that the client shall receive a monthly interim alimony of 40,000.00 TL from the date of the lawsuit , to be increased annually in line with the Producer Price Index (PPI) after the decision becomes final , and that this shall continue as alimony for indigence

6. Due to the defendant's entirely culpable actions, the plaintiff is entitled to 2,000,000.00 TL in material damages, plus interest, to be collected from the defendant for the financial losses and future deprivation suffered.

7. Due to the severe attack on the client's personal rights, the trauma caused by the act of adultery, and the loss of social reputation, 3,000,000.00 TL in moral damages, along with interest.

8. The court costs and attorney's fees shall be borne by the defendant

I respectfully request and demand a decision on behalf of my client. 27.11.2024

Plaintiff's Attorney Aydanur NAS