DIVORCE PROCEEDINGS
Castration of Life covers all intentional acts committed by one of the spouses against the other spouse’s right to life. The other spouse does not need to be harmed after the spouse’s action, the important thing is that the will to kill is manifested by a deliberate act.
Negative treatment is behavior that torments the spouse, causes him to suffer, disrupts his physical and mental health. The judge will assess which behavior constitutes ill-treatment according to the specifics of the specific incident. In the decisions of the Court of Cassation; acts such as beating, closing in the basement, leaving hungry and dehydrated, deliberately infecting with infectious diseases, torture are considered as ill-treatment.
Humiliating Behavior; This act, which is considered a serious humiliating behavior in the case law of the Supreme Court, appears in the form of humiliating, humiliating, insulting and cursing the spouse in front of society. In order for a behavior to be accepted as a reason for divorce under this article, it must be a severely degrading behavior. Behaviors such as anger and joking words, criticism are not considered as serious humiliating behaviors.
The right to file for divorce due to life caste, gross dishonoring or degrading behavior ends with six months from the date the spouse learns the reason for the divorce and, in any case, five years from the date of birth of this reason.
The other spouse who forgives his/her spouse because of intent to kill, grave defect or dishonorable behavior does not have the right to sue. Nov. Forgiveness can be implicit or explicit, as well as oral or written. If one of the reasons for this case occurs, the spouse also has the right to file a criminal complaint with the prosecutor’s office. Even if the criminal investigation has been terminated due to the complaining spouse’s request to withdraw the complaint, this does not mean that the complaining spouse has forgiven his spouse in the divorce case.
Even if the spouse whose life was targeted or the spouse who was treated very badly or dishonorably does not file a criminal case or renounces his complaint in the case he filed, he can always file a contentious divorce case based on these reasons.