Divorce due to crime

Divorce due to crime refers to the divorce case filed on the basis of "Crime", which is regulated under the title of Reasons for Divorce in Article 163 of the Turkish Civil Code and is among the special reasons for divorce.

TMK Art. 163-"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."

As can be understood; It was arranged together with "Leading a Dishonorable Life", which is another specific reason for divorce. In this article, we will examine the details of the divorce case due to "Crime", which is a specific, relative and fault-based divorce reason.

In order to file for divorce due to committing a crime, one of the spouses must have committed one of the crimes that are considered humiliating while they were married. This qualification is made not on the basis of a legal basis, but by the judge's discretion, in the light of the reaction (disgraceful, embarrassing) that the committed crime arouses in the public consciousness.

Humiliating crimes; We can list examples such as Theft, Fraud, Embezzlement, Sexual Crimes and Intentional Homicide.

In order to file a divorce case, it is sufficient for the spouse who committed the crime to have committed the crime in question within the marriage. There is no need to have any criminal investigation or conviction.

•The crime of extortion is humiliating. It gives the right to file for divorce. Supreme Court 2.HD 2002/12731 E.

•Knowingly killing someone is a reason for divorce. Supreme Court 2nd HD. 1985/4284 E.

•If the spouse steals, a divorce must be decided. Supreme Court 2nd HD. 2000/2007 E.

WHAT IS THE REASON FOR RELATIVE DIVORCE?

The law defines the reasons for divorce as absolute and relative reasons for divorce.

In divorce cases based on absolute grounds for divorce (Adultery, Abandonment, etc.), the condition that the marriage union has become intolerable is not required. However, in divorce cases filed based on the relative reason for divorce, the condition that the joint life has become unbearable for the spouses is required. The judge evaluates this situation according to the concrete incident. In divorce cases due to committing a crime regulated in TMK 163, the judge will appreciate that the joint life is unbearable.

•Supreme Court 2nd HD. Decision No. 2014/20560 E. 2015/4947 K. and dated 19.3.2015; "It is understood from the investigation and evidence collected that the defendant sexually harassed a twelve-year-old girl, his crime was found to be proven and he was punished for this. The court rejected the case on the grounds that "... the conscientious opinion was reached that the defendant's committing this crime once alone would not cause divorce, it should be proven that this situation made the marriage unbearable for the other spouse, and no evidence was presented in this regard...". It was filed on the basis of "committing a degrading crime", and it is clear and indisputable that, depending on the nature of the crime committed, the plaintiff cannot be expected to live with her in case she files a lawsuit. The reason for the divorce has been realized. While the case should have been accepted, it was not deemed right to reject the request." It is in the form.

•"In a lawsuit filed based on one of the spouses committing a humiliating crime, a divorce may be decided if it is proven that the crime has become unbearable for the other spouse." Supreme Court 2nd HD. 2004/13099 E.

PERIMENT TO FILE A DIVORCE CASE DUE TO CRIME

The law does not limit filing a divorce case due to a crime to any limiting period. However, in a case filed years after learning about the crime, the judge may evaluate that the requirement for the common life to be unbearable for the plaintiff in accordance with the rule of honesty is out of the question.

•It would be against the rule of honesty for the party who knows about his/her spouse's conviction to file for divorce as a result of living together for many years. Supreme Court 2nd HD. 1984/7991 E.