TO THE HONORABLE JUDGE OF THE ISTANBUL FAMILY COURT

PLAINTIFF: M.Ç. (Turkish Republic Identity Number: …) – Address: …
REPRESENTATIVE: Attorney YAĞMUR YUMLU – Address/KEP: …

DEFENDANTS: B.Ç (Turkish Republic Identity Number: …) – Address: …

                      POPULATION REGISTRY OFFICE

SUBJECT: Request for permission to use a last name.

EXPLANATIONS:

1. The plaintiff's client and the defendant, B.Ç., were married on September 18, 2020, and they have a child named H.Ç., born on October 9, 2022.
2. The marriage between the parties was terminated by divorce with the judgment of the Istanbul 12th Family Court, numbered 2023/456 and 2024/789, dated 15/04/2024, and the decision became final on 10/06/2024.
3. The plaintiff used the surname "Ç." throughout the marriage and was known and referred to by this surname in her professional and social life
4. The plaintiff's diploma/license/business card, tax certificate, social security/employment records, email address, web domain name, and social media profiles are all issued under this surname.
5. The plaintiff has gained brand value and recognition with the surname "Ç" within the community it serves and among its business partners
6. The joint child, H.Ç., still bears his father's (Ç.) surname. The plaintiff's use of a different surname leads to confusion, burden of explanation, and unnecessary hardship in health, education, and official procedures
7. The plaintiff's recognition under the surname in question and the child's need for consistency/identification with that surname constitute a justifiable reason within the meaning of Article 173 of the Turkish Civil Code . There is no question of unfair competition or damage to the defendant's reputation or personal rights. On the contrary, it is clear that the use of the surname does not objectively harm the defendant , and the plaintiff has a compelling interest in terms of identity integrity and the order of private life .
8. Since the change of surname during the trial process would cause irreparable harm to the plaintiff's professional and commercial activities, it has become necessary to request, as a precautionary measure pursuant to Articles 389 et al. of the Code of Civil Procedure, that the plaintiff be granted permission to use the surname " Ç. "

LEGAL GROUNDS:

Turkish Civil Code Articles 173, 187; Code of Civil Procedure Articles 24, 31, 106, 389 et seq.; Population Services Law and related legislation, and established judicial precedents on the subject.

• Divorce decree (Istanbul 12th Family Court, Case No: 2023/456, Decision No: 2024/789, with finality annotation)

• Population registration records of the plaintiff and the joint child.

• The plaintiff's diploma/license/business card, tax certificate, social security and business records; email/domain name and social media screenshots.

• Witness statements (if necessary)

• Expert examination if deemed necessary.

• All kinds of legal evidence.

CONCLUSION AND REQUEST

For the reasons explained above;

1. In accordance with Article 173 of the Turkish Civil Code , the plaintiff requests that she be permitted to use the surname "Ç." of her divorced spouse , B. Ş. , indefinitely for justifiable reasons .

2. During the trial, the plaintiff is permitted to use the surname "Ç." as a precautionary measure , and this fact is provisionally recorded in the Bakırköy District Population Registry Office .

3. Upon the finalization of the judgment , a letter shall be sent to the relevant population registry office to have the permit decision recorded in the population registers

4. The court costs and attorney's fees are to be borne by the defendant B.Ç.

I respectfully request and demand, on behalf of my client, that a decision be made.

PLAINTIFF'S ATTORNEY

Attorney Yağmur YUMLU