Post by account_disabled on Mar 5, 2024 3:59:45 GMT -5
In this case, there is a permanent incompatibility between the parties that will shake the common life to its foundations and will not allow the continuation of the union. Given the course of events, the plaintiff is right to file a lawsuit. Since it is no longer legally possible to force spouses to live together under these conditions, it was not found correct to reject the case with insufficient justification instead of deciding on divorce (TCC Art. 166/1). Supreme Court 2nd HD., 13.02.2015, 2014/16738 E. As explained in paragraph 1 above; In the events that led to the divorce , the plaintiff husband who does not want to have children , who says that his wife does not use her femininity and who avoids living together is completely at fault. These faulty actions of the plaintiff are also an attack on the personal rights of the defendant woman.
This being the case, the court's decision to reject the defendant France Telegram Number Data woman's request for non-pecuniary damages with written justification was inappropriate and required reversal. Supreme Court 2nd HD.,On the other hand, the fact that the eye disease in question, which is accepted as a reason for divorce, has a hereditary feature for future children if certain conditions are met, or, more clearly, the existence of such a possibility, cannot be described as shaking the foundations of the marriage union. Such a possibility may, at best, lead spouses to some decisions and precautions about whether to have children or not . In this case, there is a permanent incompatibility between the parties that will shake the common life to its foundations and will not allow the continuation of the union. Given the course of events, the plaintiff is right to file a lawsuit.
Since it is no longer legally possible to force spouses to live together under these conditions, it was not found correct to reject the case with insufficient justification instead of deciding on divorce (TCC Art. 166/1). Supreme Court 2nd As explained in paragraph 1 above; In the events that leOn the other hand, the fact that the eye disease in question, which is accepted as a reason for divorce, has a hereditary feature for future children if certain conditions are met, or, more clearly, the existence of such a possibility, cannot be described as shaking the foundations of the marriage union. Such a possibility may, at best, lead spouses to some decisions and precautions about whether to have children or not .
This being the case, the court's decision to reject the defendant France Telegram Number Data woman's request for non-pecuniary damages with written justification was inappropriate and required reversal. Supreme Court 2nd HD.,On the other hand, the fact that the eye disease in question, which is accepted as a reason for divorce, has a hereditary feature for future children if certain conditions are met, or, more clearly, the existence of such a possibility, cannot be described as shaking the foundations of the marriage union. Such a possibility may, at best, lead spouses to some decisions and precautions about whether to have children or not . In this case, there is a permanent incompatibility between the parties that will shake the common life to its foundations and will not allow the continuation of the union. Given the course of events, the plaintiff is right to file a lawsuit.
Since it is no longer legally possible to force spouses to live together under these conditions, it was not found correct to reject the case with insufficient justification instead of deciding on divorce (TCC Art. 166/1). Supreme Court 2nd As explained in paragraph 1 above; In the events that leOn the other hand, the fact that the eye disease in question, which is accepted as a reason for divorce, has a hereditary feature for future children if certain conditions are met, or, more clearly, the existence of such a possibility, cannot be described as shaking the foundations of the marriage union. Such a possibility may, at best, lead spouses to some decisions and precautions about whether to have children or not .