In today’s world, which has a dynamic structure dating from the earliest ages to the present, which people there evaluate on the axis of culture, social environment and lifestyle of people, which are seen as concrete relationships, especially the possibilities offered by technology for improving social behavior are not welcome, but individuals are moving away from each other and the feeling of loyalty to each other is of the same importance today as it was centuries ago, perhaps it does not lose its essence and moves away from value judgments.
Recently, marriage and ending a relationship, which are one of the common reasons for cheating, have been Decried as an immoral act, especially considering the structure of Turkish society, it has been stated by most authorities that a form of behavior that harms the honor and honor of people is a matter of honor, is among the reasons for divorce.
Infidelity, which has many reasons such as a decrease in emotional attachment, loss of the importance of loyalty, inability to meet each other’s expectations along with some changes in people’s lives, is 161 of the Turkish Civil Code No. 4721. adultery, which is regulated in the article entitled adultery, is a special and absolute reason for divorce. According to this, if one of the spouses commits adultery, the other spouse may file for divorce due to infidelity. If six months have passed since the spouse who has the right to sue learns the reason for divorce, in any case, five years have passed since the act of adultery, the right to sue decreases, and the forgiving party does not have the right to sue.
As it can be seen, the legislator has clearly stated that the deceived spouse has the right to file for divorce. However, taking a clear stance on divorce here is not enough for a judge to decide to divorce due to adultery, and the claim put forward in terms of the desired result must be proven in front of the court.
Most of those who cheat are people who are aware of the actions of many people, and the need to hide it by human nature leads to a number of difficulties for the deceived spouse to prove it. People can submit all kinds of documents such as photos, videos, sms recordings, letters written to a lover, movements that take place in this direction on social networking sites that will prove the existence of this action to the court as evidence, if they have not obtained them by illegal means. Again, the truthful and factual statements of witnesses remain important when it comes to deception, but they have a full effect if they are supported by other evidence.
It should be stated that the periods stipulated in the law, that is, six months from the date of learning of the adultery act and in any case five years from the realization of the act, are important for the acceptance of the divorce case to be filed for this reason. In addition, forgiveness of the cheating spouse, without verbal or explicit or implicit, or if the behavior appears as a difference, the judge’s acceptance of the importance of convincing evidence or witness statements in cases where he decides to divorce is based on deception. After the expiration of the periods of deprivation of rights, or with the forgiveness of the deceived spouse, all evidence disappears.