Court of Appeals Rules on Cancellation of Alimony Request of Woman with Minimum Wage

Having addressed the application of appeal of a divorcement case, 2nd Civil Chamber of the Court of Appeals reversed the decision granting welfare allowance to a women working on minimum wage.

1st Civil Chamber of Ankara Regional Court of Justice accepted the request of the defendant for compensation and welfare allowance in the divorce suit between the defendant A.Ş. and claimant M.E.Ş. After the lawyer of the claimant appealed the case to the Court of Appeals, Court of Appeals for the 2nd Circuit, 2nd Chamber of the Court of Appeals reversed the request of the defendant for welfare allowance.

Divorce lawyer Seyit Halil Yüzgeç said that the 1st Chamber of Ankara Regional Court of Justice accepted in a divorce suit the request for compensation and welfare allowance in favor of the defendant woman between persons with the same level of income. The lawyer of the claimant appealled the case to the Court of Appeals regarding the compensation and welfare allowance. As in the decisions of the Court of Appeals for the 2nd Circuit Circuit made a research on the economic and social status of the claimant and said that a welfare allowance may not be ruled in favor of the defendant since the conditions of the article 175 of the Turkish Civil Code did not materialize in favour of the defendant for the fact that it was determined as a result of the research that the defendant had a permanent and regular job with a minimum wage and the level of income of the claimant and defendant was the same.

Attorney Yüzgeç added that the decision of the Court of Appeals would establish a precedent in terms of rejection of requests for welfare allowance in divorce suits between two persons with same level of income.