Where can a woman staying with her father file a divorce case?

2022-02-11T12:23:31+00:00 16 February 2021|

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Which Court Handles Divorce Cases?

The court responsible for the divorce case is the Family Court. In places where there is no Family Court, the Civil Courts of First Instance handle divorce cases as “Family Courts”.

However, the issue of the competent court is often confused, and as a result, a decision of lack of jurisdiction can be given by the courts. For this reason, the determination of the competent courts is of great importance.

In Article 168 of the Turkish Civil Code, the competent court;

  • Domicile of one of the spouses or
  • It was stated that before the lawsuit, there was a court of the place where the spouses lived together for the last 6 months.

Therefore, as a rule, divorce cases should be filed in the courts of the place of residence (residence) where the spouses live with the intention of staying permanently, and in the courts of the place where the spouses have lived together for the last 6 months.

Can a lawsuit be filed in a court outside the residence?

However, in practice, it is often seen that with the filing of a divorce case, the woman leaves the common house and settles in her father’s house because she does not have the financial power or as a requirement of custom. Since this situation makes it difficult for the woman to file a lawsuit and to follow the lawsuit, the Court of Cassation accepted that the woman who settled in her father’s house can also file a lawsuit in the courts of this place.

E.g; Let Ayşe and Ahmet get married in 2015 and have resided in Ankara throughout their marriage. Ayşe, who left the shared residence and went to her father’s house in İzmir, should file the divorce case in Ankara in accordance with Article 168 of the Civil Code. However, as explained above, the Court of Cassation accepts that the woman staying with her father can file a lawsuit here as well, so it can file the divorce case in İzmir as well.

The established jurisprudence of the Court of Cassation is in this direction, and this rule, which has been applied for years, is also seen in the decision of the 2nd Civil Chamber of the Court of Cassation, dated 18.07.2007, 2007/11539 Basis, 2007/11480 Decision. The text of the decision is exactly as;

“In the concrete case, it is understood that the plaintiff woman left her husband’s house and returned to Aydın, as she was asked to leave her husband’s house, that she did not work at work, and that the only place where she could settle in accordance with the ordinary course of life was her father’s home. And although it was deemed necessary to accept that he would continue his life here, it was not considered correct to issue a written authorization decision on the grounds that the place where they were registered is not Aydın.” is in the form.

Therefore, it is accepted that a woman who does not have the opportunity to open a separate house and goes to her father’s house both for financial reasons and as a requirement of custom, settles here and can file a divorce case in this place.

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Hemen Arayın