The divorce based upon threat to life, maltreatment and
defamatory behavior has been regulated at Turkish Civil Code No.
4721, Article 162. According to this article, each spouse can file
for divorce case in case of a threat to life, maltreatment and
defamatory behavior by the other spouse. In addition to that, the
spouse who has the right to sue, has to file for divorce within 6
months after she/he learned he ground of divorce and within 5 years
in any case after the cause aroused. The spouse who forgives will
lose his/her right to sue. In this context, threat to life,
maltreatment and defamatory behavior are regarded as special and
absolute grounds for divorce.
At the Article 162 of the Turkish Civil Code No. 4721; threat to
life, maltreatment and defamatory behavior are regarded as three
fundamental reasons for divorce.
1- Threat To Life
Threat to life can be explained as the motive to murder the
other spouse intentionally and the realization of the acts in
regard to murder the other spouse. accordingly to this desire.
Within the context of the related article, the material fact for
divorce case is to determine the intention which is oriented to the
spouse's life. The actions without the intent of murder are not
within the scope of the related article. Thereby, the spouse's
acts in regard to killing by negligent acts or carelessness can not
be considered as a divorce reason. However, incentivisation of a
spouse for suicide by the other spouse during the union of marriage
may be counted as a material fact. Hence, the matters of watching
the spouse dying, the spouse's survival despite the intention
of murder and the related actions to that and homicidal attempt are
considered as thread to life and the divorce case may be filed
through these reasons.
To file a claim based on threat to life; actions based on the
desire to murder must be towards to the spouse. Therefore, the
violation and actions to the other family member's are not
pursuant to the relevant article. Due to this reason, the acts
which stayed in the lines of homicidal attempts are suitable for
the relevant article.
Maltreatment can be defined as committing relentless physical
and psychological violance, torturing, depriving the spouse of food
and water and such abusive actions during the union of marrige by
one of the spouse. In order to file a divorce on the ground of
maltreatment, such actions must be towards to the spouse and must
be committed by intention to harm deliberatively and physical and
psychological destruction on the spouse must be incurred by this
action. The judge decides which kinds of actions cover the base of
maltreatment according to concrate case.
In order to bring an action due to maltreatment, the acts that
cause physical and psychological violence, torture and suchlike
treatments during the marrige must be targeted to the other spouse.
Therefore, the acts which are committed against to other family
members such as spouse's mother, father or any other relative,
are not in the limits of the related article.
3- Extreme Defamatory Behavior
Extreme defamatory behavior may be explained by severe harming
attacks towards the other spouse's honor and dignity by the
violation of personal rights of the spouse during the union of
marriage. As we mentioned in maltreatment, the judge has the right
to determine which actions can count as an example of defamatory
behavior upon the concrete case. The other condition of filing the
divorce is that the actions towards to the other spouse's honor
and dignity has to be committed deliberatively and
The action for judicial separation based upon threat to life,
maltreatment and extreme defamatory behavior during the union of
marrige has been stipulated to the period of prescription by the
law. Turkish Civil Code No. 4721, Article 162/2 states that
plaintiff who has the right to sue forfeits his/her right at the
end of 6 months starting from the date that she/he learned the
cause of action and at the end of 5 years in any case starting from
the date that the cause of action aroused. As a result these six
month and five year periods constitutes period of prescription.
Lapse of this period will be concluded as the dismissal of the
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Family law is easily misunderstood and its realities can get in the way of a good storyline; nobody really wants to watch reasonable and calm lawyers helping parties negotiate sensible solutions in an amicable way.
"The Family Code of Ukraine of 10 January 2002 No. 2947-III" (effective since 2004) ("Family Code"), sets out the basic principles and regulations of property relations of spouses, including civil agreements, which may be entered into by and between spouses.
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