WHAT IS A DIVORCE CASE BECAUSE OF A CASTE?
According to Article 162 of the Turkish Civil Code, “Each of the spouses may file for divorce due to the fact that the other means his life or treats him very badly or commits a grossly dishonorable act. it is arranged as a special reason for divorce in the form of “. In addition to the fact that caste is the special reason for divorce, caste is also considered the absolute reason for divorce. Therefore, if the marriage is based on a caste reason, the court decides to divorce only if this particular reason for the divorce is proven, without investigating the reason why the marriage union is unbearable and shaken from its foundation.
WHAT ARE THE CONDITIONS FOR FILING A DIVORCE DUE TO A CASTE?
ONE OF THE SPOUSES MUST HAVE MEANT THE LIFE OF THE OTHER.
In order to be able to withstand the reason for divorce due to caste in life, one spouse must reveal his intention to kill the other by his state, actions and actions. The state in which one of the spouses manifests his intention to kill, the manner of his actions and actions are committed does not matter. If these actions are in the form of an attempt to kill his wife or actions such as encouraging his wife to commit suicide, a divorce can be filed for life due to caste. Therefore, the nature of the act committed is not important, but the presence of a verb that clearly indicates the intention to kill his wife and that he means his life is sufficient. Acts that do not include the november of killing cannot be considered as the subject of a divorce case due to the same caste. It is enough for the november of the caste to start preparatory actions for the act of intending to kill the spouse. The subsequent abandonment of the verb that started the preparatory actions does not change this situation. The mere threat of death, as a rule, is not enough for the existence of a caste phenomenon. But, for example, this behavior of a person who puts a gun to his partner’s head is a situation that exceeds the limits of the threat. In this case, whether a phenomenon of caste has occurred or not should be evaluated according to the characteristics of the event.
In addition, in case of decease, the existing marital union between the spouses ends spontaneously. Therefore, it is necessary that the spouse whose life is meant to be still living, and only because of november actions against the life of the caste that has remained at the stage of the attempt, a divorce case can be filed.
A SPOUSE WHO MEANS LIFE MUST BE IMPERFECT.
If an act has been committed by the spouse related to killing as a result of negligent behavior or negligence as a result of negligence, the life will not be based on the cause of caste. In this context, although the way the act is committed is not important, the killing must necessarily be november. November that do not include the caste of killing will not be the subject of a divorce case due to the caste of life. Article 162 of the Turkish Civil Code regulated november caste in life Since it is clear that the existence of caste is necessary for the reason of divorce, the spouse who is in the act of caste in life must have the power to distinguish. In this case, if a spouse with a mental illness refers to the life of the other spouse, a divorce case cannot be filed based on the reason for the life-related divorce. In this case, the situation of filing a divorce lawsuit may arise due to a special divorce of mental illness.
WHAT ARE THE VERBS THAT ARE WITHIN THE SCOPE OF A CASTE?
Here are some examples of verbs that are within the scope of caste in life;
- Attempted actual murder of his wife,
- Watching the deceased spouse,
- The spouse does not die despite the desire to kill and the corresponding act,
- Incitement to suicide,
- Helping with suicide,
- In the presence of actions such as avoiding the necessary assistance so that the spouse does not die ( for example, the spouse in an injured state is not taken to the hospital), divorce can be filed based on the cause of caste.
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