Wrote ‘charity’ instead of ‘alimony’, now he has to pay again
M.K., who pays 300 lira as temporary alimony every month to his wife S.K. in the divorce stage, wrote ‘charity’ in the explanation section for the payment he made through internet banking in June last year in Bursa, Turkey. S.K. claimed that the alimony was not paid and commenced execution proceedings. Meantime, M.K. filed a counterclaim, stating that he fell victim to his cell phone. The local court, taking into account the statement written in the explanation section, decided that M.K. should pay alimony again.
2 years ago M.K. and S.K. decided to get an uncontested divorce in Bursa. While the process was ongoing, the family court ruled that M.K. should pay 300 lira of temporary alimony to his wife S.K. every month. M.K. who regularly pays alimony through internet banking, wrote ‘charity’ (sadaka) instead of ‘alimony’ (nafaka) in the explanation section of the payment in June 2020. Upon this S.K. commenced execution proceedings through her lawyer claiming that the money M.K. paid to her was ‘charity’ and that her alimony was not paid.
“I FELL VICTIM TO THE CELL PHONE”
Stating that he paid the alimony, M.K. filed a counterclaim and used the following statements in his petition: I wrote alimony in the explanation section. But, I fell victim to the cell phone I’m using. Auto keyboard fixed the ‘alimony’ to ‘charity’. I did not write it on purpose.”
In the case at the Bursa 4th Family Court, the judge acknowledged the plaintiff S.K. to be right, based on the phrase ‘charity’ written by the defendant M.K. in the explanation section. The court ruled that M.K. should pay the money again, stating that the month the payment belongs to should be clearly stated in the explanation section with the term 'alimony'.