Constitutional Court: Request for removal of alimony payment inadmissible

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The Constitutional Court has found an application for the removal of alimony payment "inadmissible."

According to a court decision, a person living in Antalya was obligated to pay his spouse monthly poverty alimony of 225 lira (~29 US dollars) after divorce.

Stating that his spouse's financial situation was good, the person opened a new lawsuit and requested the removal of the alimony payment.

After the case was dismissed, he lodged an appeal at the Court of Cassation 3rd Law Chamber, which overturned the local court verdict, reducing the payment from 225 to 125 lira.

The man then made an individual application to the Constitutional Court because the alimony payment was indefinite and was not removed, the state-run Anadolu Agency reported. He alleged that his "right to protect the material and spiritual existence" was violated.

Examining the application, the Constitutional Court ruled that the application was inadmissible because the allegations were clearly ill-founded and legal remedies were not exhausted.

The reasoned decision

In the reasoned decision, the court stated that it examined the financial situation of both parties to decide whether the conditions for the removal of alimony payments occurred.

The court said that its decision was based on the law provisions related to alimony and the established jurisprudence of the General Assembly of the Court of Cassation stating that "having an income at the minimum wage level will not prevent poverty alimony."

"It was concluded that the positive obligations of the state regarding the right to protect the person's material and spiritual existence were fulfilled in the substantial case and that there was no apparent violation of the applicant's right in question," the decision also noted. (EMK/VK)