Petition for Annulment of Marriage Due to Nullity

TO THE DUTY FAMILY COURT
OF ANKARA

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …)
Address: …

ATTORNEY:
Attorney's Name and Surname – Address – Tel: …

DEFENDANT:
Name and Surname – Address: …

GUARDIAN:
Name and Surname – Address: …

SUBJECT:
Request for a decision declaring the marriage null and void.

EXPLANATIONS:

1. My client and the defendant were married on …/…/… and they have a daughter. This lawsuit must examine whether a legally valid marriage has been established between the parties.
2. On …/…/… date, the … Civil Court of Peace, with its ruling numbered …/… and …/…, determined that the defendant is mentally ill, and therefore a guardianship order was issued against him/her, and … was appointed as his/her guardian . The same court decision includes an official medical report indicating that the defendant lacked the capacity to marry . This report clearly states that the defendant was devoid of the capacity to make reasoned judgments even at the time of the marriage
3. Marriage is established when two persons with the capacity to understand declare their intention to marry before an authorized official. However, if one of the parties is permanently deprived of the capacity to understand at the time of the marriage, this renders the marriage legally invalid. Therefore, in this case, absolute nullity .
4. Article 145 of the Turkish Civil Code No. 4721 explicitly stipulates that "one of the spouses being permanently deprived of the capacity to discern at the time of marriage" constitutes a ground for the nullity of marriage . Based on these grounds, the necessity of annulling the marriage between the defendant and my client has arisen.
5. The marriage established between the parties is unlawful, which is why we have been compelled to apply to your court. Even though the marriage exists formally, it is not legally valid, and this lawsuit has been filed to determine this fact.

EVIDENCE:

1. Family Identity Card,
2. Identity register copy,
3. ... The decision of the Civil Court of Peace, numbered .../... Case, .../... Decision,
4. Health Report,
5. Requesting the defendant's patient file from … Hospital,
6. ... Request for the case file numbered .../... of the Civil Court of Peace,
7. Other legal evidence.

LEGAL GROUNDS:

Turkish Civil Code No. 4721, Law No. 4787 and related legislation.

CONCLUSION AND REQUEST:

In light of the reasons explained above and those that your court will consider ex officio:

1. The court ruled that the marriage between the defendant and my client should be declared null and void .
2. The court costs and attorney's fees shall be borne by the defendant

I respectfully request and demand that a decision be made.
…/…/20…

Plaintiff's
Attorney's Name and Surname

Signature