Divorce Case

In the decision of the Supreme Court of Appeals General Assembly, one of the spouses presented the diary of the other spouse to the court as evidence and that this diary was obtained unlawfully; He stated that the diary was in a joint residence and in a position that could be easily obtained by the spouse, that the spouses did not violate each other’s private lives, and he concluded that there was no illegality in this behavior and accepted it as lawful. But if the party presenting the evidence had obtained this diary in an unlawful act and presented it to the court; For example, if the other party had obtained the diary from the house where he lived separately by violating the immunity of the house, then this evidence would have been considered as unlawful evidence according to the Court of Cassation.

Unlawful evidence in criminal proceedings is mostly discussed in terms of evidence obtained by torture. In civil proceedings, for example, one of the spouses can have the other spouse write a confession letter by threat. It can produce illegal evidence.

So, how will the spouse prove the claim that he will put forward in the divorce case? For example, how should a spouse who thinks his wife commit adultery prove this claim? This is also an important issue. The party who is obliged to prove must act in accordance with the law and prove his claims in accordance with the law.

Again, in an event that the 2nd Civil Chamber of the Supreme Court examined regarding unlawful evidence; He considered the recordings unlawful, on the grounds that the behavior of the husband, who installed a spy program on his wife’s phone and recorded the conversations of his wife with this program, violated the right to attack private life and the freedom of communication. It is a criminal act for the husband to obtain the interview and voice recordings of his wife with the spy program.

Now, the 2nd Civil Chamber accepts such cases as unlawful evidence.

IS ACCIDENTAL EVIDENCE CONSIDERED LAWFUL?

The 2nd Civil Chamber of the Court of Cassation partially accepted the incidentally obtained evidence as lawful. For example, the cameras installed for the safety of the children are known by the spouses, and if one spouse has committed violence against the other, the other spouse can use this evidence.

Evidence presented by the parties should be kept in the file, even if it is against the law, until the decision is finalized, but the drawbacks of this should also be eliminated. For example, this evidence should be protected because it already contains records related to private life, even if it is against the law, by being kept in the court vault.

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