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According to Article 163 of the Turkish Civil Code, if one of the spouses commits a humiliating crime or leads a dishonorable life and the other spouse cannot be expected to live with him for these reasons, this spouse can always file for divorce. In this article, we will examine the details of the divorce case due to dishonorable living.
What is Life Without Dignity?
There is no definition of “dishonorable life” in the law. Therefore, evaluation of the concrete case and the judge’s discretion are important. According to the established jurisprudence of the Supreme Court, behavior that is considered immoral and degrading by society can be considered within the scope of dishonorable life. Some examples of this type of behavior are:
Extramarital affairs: A spouse having sexual intercourse with a third party without their consent is considered unfaithfulness and dishonor.
Gambling: Excessive gambling and its negative impact on the family budget and family peace can be considered as a dishonorable life.
Drug and alcohol use: Drug and alcohol addiction and its negative impact on family life can be considered a dishonorable life.
Committing a crime: Committing crimes such as theft, fraud, extortion can also be considered within the scope of dishonorable life.
Domestic violence: Being violent towards one’s spouse or family members is also considered a dishonorable act.
How to File a Divorce Case Due to Dishonorable Life?
The spouse who wants to file for divorce due to dishonorable life should collect evidence and consult a lawyer. Evidence may include documents such as witness statements, photographs, messaging messages and bank statements. The lawyer will ensure that the divorce case is filed by presenting the evidence to the court and defending his client.
Case Process and Decision
In divorce cases filed due to dishonorable life, meticulous evaluation of the evidence and the judge’s discretion are of great importance. The judge evaluates the evidence and witness statements and decides whether the spouses can live together. If he decides that it would be immoral and degrading for the spouses to live together, he decides to divorce.
Matters to be taken into consideration
Life without dignity must continue. A life without dignity cannot be detected by a single incident.
A humiliating and immoral situation must occur because the spouse leads a dishonorable life.
The continuation of the marriage union must become unbearable due to the spouse’s dishonorable life.s
