What is a lawsuit filed to obtain legal permission to marry?
A permission to marry lawsuit is a legal procedure established to allow a minor or a person under guardianship to get married. In cases where the individual has the capacity to make decisions and there is no legal impediment to marriage, a person may marry freely without needing anyone’s consent upon reaching the age of 18.
There are two types of permission to marry lawsuits: ordinary cases and extraordinary cases. According to Article 124/1 of the Turkish Civil Code:
“A male or female cannot marry unless they have completed the age of seventeen.”
This provision allows individuals who have completed the age of 17 to marry, but only with the consent of their legal representative. This constitutes the ordinary case.
In the second paragraph of the same article, Article 124/2 of the Turkish Civil Code states:
“However, in exceptional circumstances and for very important reasons, a judge may permit the marriage of a male or female who has completed the age of sixteen. Whenever possible, the parents or guardian shall be heard before the decision is made.”
This refers to the extraordinary case.
What Are the Conditions for a Permission to Marry Lawsuit?
Conditions Required for an Ordinary Marriage Case:
- The individual must have completed the age of 17.
- The legal representative must not give consent.
- There must be no justified reason for the legal representative’s refusal to give consent.
- The legal representative must be heard by the court.
Requirements for Marriage Under Extraordinary Circumstances
Conditions for Extraordinary Marriage
- The individual must have completed the age of 16.
- There must be a very important and extraordinary reason for the individual to marry.
- The mother, father, or legal guardian must be heard.
Who Can File a Permission to Marry Lawsuit?
- In an ordinary marriage case, the plaintiff is the child. The lawsuit is filed against the parents who do not consent to the marriage.
- In an extraordinary marriage case, the lawsuit must be filed by the child’s legal guardian. However, if the guardian refuses to file the lawsuit, a guardian ad litem is appointed for the child, and this appointed guardian files the lawsuit.
Time Limit in a Permission to Marry Lawsuit
There is no maximum time limit prescribed by law for this lawsuit. In practice, unless otherwise occurs, these cases are usually resolved within a few months.
Competent and Authorized Court in a Permission to Marry Lawsuit
In both ordinary and extraordinary marriage cases, the competent court is the Family Court. The authorized court is the court of the place of residence of the person requesting permission to marry.
Sample Supreme Court Decisions
2nd Civil Chamber, Case No: 2015/3626, Decision No: 2015/9331
“Case Law Text”
COURT: Family Court
CASE TYPE: Permission to Marry
After the trial conducted between the parties, the local court rendered the judgment dated and numbered above. The judgment was appealed by the plaintiffs …, the files were read, and the case was duly considered and deliberated:
Article 124/2 of the Turkish Civil Code No. 4721 states:
“However, in extraordinary circumstances and for very important reasons, a judge may permit the marriage of a male or female who has completed the age of sixteen. Whenever possible, the mother, father, or guardian shall be heard before the decision.”
For a judge to grant permission to marry, in addition to the condition of having completed the age of sixteen, the existence of extraordinary circumstances and a very important reason is mandatory. The fact that the parties are living together as husband and wife cannot be accepted as an extraordinary circumstance as defined in Article 124 of the Turkish Civil Code. Without considering this aspect, granting permission to marry as written was deemed incorrect.
CONCLUSION: The appealed judgment is REVERSED for the reasons stated above; the appeal fee shall be refunded to the appellant upon request. This decision was made by majority vote, with the right to request rectification within 15 days from the notification of this ruling.
Date: 06.05.2015 (Wednesday)
2nd Civil Chamber, Case No: 2011/4235, Decision No: 2011/7649
“Case Law Text”
COURT: Ardahan 1st Civil Court of First Instance (Family Court)
DATE: 11.06.2009
NUMBER: Case No: 2005/592 Decision No: 2009/133
After the trial conducted between the parties, the judgment rendered by the local court, dated and numbered as stated above, was appealed. The files were read, and the matter was duly considered and deliberated.
1- The marriage contract between the parties was made on 14.09.2005. With the decision of the Ardahan Heavy Penal Court dated 19.06.2009, Case No. 2005/102 and Decision No. 2009/90, the request to correct the birth date of the plaintiff E. from 13.01.1991 to 13.01.1988 was rejected. This issue was raised as a ground of appeal by the defendant alongside the main criminal case decision. The finalization of the Penal Court’s decision rejecting the age correction request will affect the outcome of this case. Therefore, the finalization of the criminal court decision should be considered a preliminary issue, and the trial should be stayed until that decision becomes final, with the judgment to be rendered according to the result. Rendering a judgment without considering this was deemed incorrect.
2- According to the acceptance;
The essential and constitutive element of a valid marriage is that the parties have reached the marriageable age (Article 124 of the Turkish Civil Code) and that the declaration of intent is made before an authorized official. Deficiencies in these constitutive elements result in the non-existence of the marriage. On the date of the marriage, plaintiff E. had not completed fifteen years of age and had not even reached the age of sixteen, for which permission by the judge can be granted (Article 124/2 of the Turkish Civil Code). In this case, the marriage contract is not merely voidable but null and void. (Decisions of the 2nd Civil Chamber dated 14.04.2003, Case No. 2003/4315-5370 and 30.10.2006, Case No. 2006/6049-14441) Therefore, instead of ruling for annulment, a decision establishing the non-existence of the marriage should have been made; ruling otherwise is contrary to procedure and law.
CONCLUSION: The appealed judgment is REVERSED for the reasons stated in paragraph 1 above; in light of the reason for reversal, there is no need to examine other aspects; the appeal fee shall be refunded to the appellant upon request. This decision was made unanimously, with the right to request rectification within 15 days from the notification of this ruling.
Date: 03.05.2011 (Tuesday)
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