FILING FOR DIVORCE ON THE GROUNDS OF ADULTERY

Adultery is an absolute, special and imperfect reason for divorce. 161 Of the Turkish Civil Code. It is regulated in the Article. Since adultery is an absolute reason for divorce, as a result of proving adultery, the judge must rule on the divorce. As a result, there is an obligation to prove it. As a result of the fact that adultery is a special reason for divorce, adultery is regulated in itself in a separate article of the law. 161 of the Turkish Civil Code. In the article it is specially regulated in the form of a reason for divorce.

161 Of the Turkish Civil Code. According to Article:

(1) If one of the spouses commits adultery, the other spouse has the right to file for divorce.

(2) Six months after the spouse who has the right to file a lawsuit finds out the reason for the divorce and five years after the supposed act, the right to file a lawsuit is dropped.

(3) The forgiving party has no right to sue.

Adultery in Turkish Law;” A married person has sexual relations with someone other than his wife. it has been described as “. Within the framework of this definition, 3 conditions must be fulfilled for adultery to occur. These terms;

The condition of marriage
The condition of sexual intercourse
Defect condition
For the existence of Decency, a valid marital relationship must be established between the parties to the case. Adultery cannot be mentioned if the parties are not married. As a result, in case of absence, the marriage is considered to have never been established. The situation is different in superstitious marriages. Since superstitious marriages will end with the decision of the judge, adultery can be mentioned as a superstitious marriage will have all the consequences of a valid marriage until the decision of the judge.

It is not necessary for spouses to live together in order for adultery to be mentioned. If one of the parties has the right to live separately as a result of a blunder, separation, decision to acquire separate housing, separation or divorce proceedings, the sexual intercourse of one of the spouses with someone of the opposite sex leads to the filing of a divorce case.

Since “marriage-like unions” and “conjugal sexual unions” in our country do not result in marriage, adultery cannot be mentioned in such relationships. A divorce cannot be filed on the basis of adultery as a result of same-sex unions.

The objective element of adultery is that the married parties have a sexual relationship with someone other than their spouse. Sexual intercourse established in any way is considered adultery. Even if it remains at the attempted stage, it is considered adultery. In addition, sexual intercourse does not have to be continuous to be considered adultery.

A sexual act performed once is considered adultery.” Sexual relations established with the same sex, sexual relations established with animals, artificial insemination and amorous acts are not considered adultery.”

Affectionate gestures,” stroking, hugging, kissing, etc.” even if they violate the obligation of loyalty, they are not considered adultery. That is why a divorce cannot be filed on the basis of adultery. In these cases, the Turkish Civil Code m. According to the provisions of the “Living without dignity” regulation No. 163, divorce proceedings can be filed.

Adultery must be based on imperfection. Such a sexual relationship without the fault of a partner, for example, a woman is abducted and forcibly raped, and such involuntary situations cannot be considered adultery.

It is possible to prove adultery with all kinds of evidence. The burden of proof is on the plaintiff. 184/b of the Turkish Civil Code.according to the provision of 3, it does not bind the judge. Therefore, the defendant’s confession alone is not considered evidence linking the family judge. Also, an oath cannot be used as evidence in a divorce case due to adultery.

It should be noted that adultery can be caused by “getting pregnant, contracting venereal disease, photos, conducting weddings, means of communication, witness statements, a final conviction decision, investigative documents”, etc. it is possible to prove it by means of tools.

– In cases where it is impossible for a woman to conceive as a result of having sexual intercourse with her husband or having sexual intercourse with her husband, conception is one of the means of proving the verb adultery.

– Photographs are one of the means of proving the act of adultery. However, these photos should prove the act of adultery.

– Letters, computer records, phone records, audio recordings, etc. documents and records related to such communication are means of proving the act of adultery.

– Witness statements are one of the means of proving the act of adultery. The verb adultery is quite difficult to prove based on complete etiquette. Therefore, it is enough to prove their actions, which will show that the sexual intercourse took place according to the requirements of life experiences and the situation. A verdict cannot be established on the basis of conflicting statements of witnesses who have a animosity between the defendant and them, or on the events that the witnesses Dec from others.

– If there is a final conviction decision, there is no need to look for other evidence to prove the act of adultery.

– An adulterous relationship can also be proved by the narratives contained in the investigation documents.

Other evidence that justifies a strong suspicion is also considered an instrument of proof in cases of divorce due to adultery.

A woman or husband who has the right to sue in a divorce case for adultery has the right to sue for “six months from the date of finding out the reason for the divorce, in any case, five years after the act of adultery, the right to sue is reduced. These periods are unfair periods. TMK 161. It is regulated in the article. If the adultery was committed by a single act, these periods begin to work on the day of the act, and for ongoing adultery, the periods of humiliation begin to work from the day the adultery ends.

The forgiving party has no right to sue. Forgiveness can be implicit or explicit, as well as written or verbal. Amnesty is one of the rights that are strictly adhered to the person.There is no possibility of forgiveness through a representative. It is essential that the forgiving party has the power to distinguish. Amnesty becomes invalid if there are reasons that cripple the will.

If one of the spouses commits adultery, the other spouse can file for divorce. Because of this infidelity of one of the spouses, the other spouse may also file for divorce due to the fact that the foundation of the marriage union has been shaken. The plaintiff can make both his rights the subject of a lawsuit separately, as well as rely on two separate reasons in the same case. However, he cannot file for divorce due to the fact that the basis of the marriage union has been shaken based on the same incident after he waived the divorce case he filed for adultery.

If the plaintiff has filed a divorce case for adultery, the family court judge cannot make a divorce decision because of the fact that the adultery has shaken the marriage union, although it has shaken the foundation of the marriage union.

In the same way, if the plaintiff has filed her case as a divorce case not as a divorce case due to adultery, but as a divorce case due to the shaking of the foundation of the marriage union, it cannot be decided that the parties will divorce due to adultery.

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