165 of the Turkish Civil Code. The article regulates the divorce proceedings due to mental illness. ‘ if one of the spouses is mentally ill and therefore the joint life becomes unbearable for the other spouse, this spouse can file for divorce, provided that it is determined by the official medical board report that this disease is not possible to pass.’’
If the mental illness that is the reason for the divorce is the kind of mental illness that will prevent marriage, it must have occurred after the marriage. Mental illness before marriage is one of the definite barriers to marriage. However, if the marriage has taken place, this marriage is absolutely null and void.
In order for one of the spouses to file for divorce on the basis of mental illness, the other spouse must be mentally ill. Civil law any disease, not just how severe mental illness olupher although counted as a reason for divorce with no hope of recovery, epilepsy, leprosy, syphilis, plague, for divorce on the basis of diseases such as AIDS can be opened.
In order for a divorce case to be filed on the basis of mental illness, there should be no possibility of recovery of mental illness. In the event that there is a possibility of recovery of the disease, the judge will not decide on a divorce, but will dismiss the case.
One of the important conditions in a divorce case due to mental illness is to prove that the joint life has become unbearable. Although the mental illness is proven by the official medical board report, the judge does not immediately decide on a divorce. The issue that needs to be investigated is whether the common life has become unbearable.
SUPREME COURT 2. LEGAL DEPARTMENT 2004/4941 E. 2004/7899 K. 15.06.2004 t.
“… It is understood that the defendant suffers from ‘ epilepsy of the temporal type (sara)’. The presence of this disease in one of the spouses is not in itself a reason for divorce. There is no evidence that the defendant avoided the treatment of his illness, as well as in the report received, it was determined that he was spiritually qualified to conduct the marriage. Apart from the fact that the defendant has Sara’s disease, the existence of another concrete event that will shake the marriage union from its foundation and leave no possibility for the continuation of joint life has not been revealed. In that case, it was not considered correct to decide to divorce in writing while the case should be dismissed. ‘’
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