Castration of Life; It covers all intentional acts of a spouse against the right to life of the other spouse. It is not necessary for the other spouse. To be injured after the act of the spouse. The important thing is that the will to kill is revealed with a deliberate act.
Unfavourable treatment is the behaviours that torment the spouse. Cause him/her to suffer and impair his/her physical and mental health. The judge will appreciate. Which behaviour constitutes maltreatment. According to the characteristics of the concrete case. In the decisions of the Court of Cassation; acts such as beating, locking in a cellar, starving and dehydrating, deliberately infecting with infectious diseases. Torturing are considered to be maltreatment.
Degrading Behaviour; This act. Which is accepted as a severely degrading act in the jurisprudence of the Court of Cassation, appears as humiliating, degrading, insulting and swearing. The spouse before the society. In order for a behaviour to be accepted as a reason for divorce under this article. It must be a severely dishonourable behaviour. Behaviours such as anger and joking words. Criticism are not accepted as severely degrading behaviour.
The right to file a lawsuit. On the grounds of intent to life. Grossly dishonourable or degrading behaviour shall expire six months after. The spouse learns the reason for divorce and in any case five years after the birth of this reason.
The other spouse who forgives his/her spouse for intent to kill. Gross misconduct or dishonourable behaviour has no right of action. Forgiveness may be implicit or explicit. As well as verbal or written. If one of these causes of action occurs, the spouse also has the right to file a criminal complaint to the prosecutor’s office. Even if the criminal investigation. Is terminated due to the complainant spouse’s request to withdraw the complaint. This does not mean that the complainant spouse forgives his/her spouse in the divorce case.
Even if the spouse whose life has been attempted or the spouse. Who has been subjected to very bad or degrading behaviour. Does not file a criminal case or waives. The complaint in the case filed, he/she can always file a contested. Divorce case based on these reasons.
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