DIVORCE CASE DUE TO THE IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE UNION RESULTING FROM VISUAL VIOLENCE
DIVORCE CASE DUE TO THE IRRETRIEVABLE BREAKDOWN OF THE MARITAL UNION ON GROUNDS OF VISUAL VIOLENCE
In this week's column allocated to me in the newspaper, I will try to explain a very important topic to you. As you are aware, there has been an increase in divorce cases in recent times. Divorce cases are divided into two categories in the Turkish Civil Code: uncontested and contested.
Divorce cases are regulated in detail in the Turkish Civil Code under the heading of the irretrievable breakdown of the marital union. Specifically;
Turkish Civil Code
VI. Irretrievable breakdown of the marital union
Article 166- If the marital union has been shaken to its foundations to such an extent that the continuation of the joint life cannot be expected from the spouses, each of the spouses may file for divorce. In the cases specified in the paragraph above, if the plaintiff is more at fault, the defendant has the right to object to the filed case. However, if this objection constitutes an abuse of right and there is no remaining benefit worth protecting for the defendant and the children in the continuation of the marital union, a divorce may be granted.
If the marriage has lasted at least one year, the marital union is considered to have irretrievably broken down if the spouses apply together or if one spouse accepts the other's lawsuit. In this case, for a divorce decision to be rendered, it is required that the judge personally hears the parties and becomes convinced that their will is expressed freely, and that the judge finds the arrangement accepted by the parties regarding the financial consequences of the divorce and the situation of the children appropriate. The judge may make changes deemed necessary to this agreement, taking into account the interests of the parties and the children. If these changes are also accepted by the parties, a divorce is decreed. In this case, the provision that the confessions of the parties do not bind the judge shall not apply.
If a lawsuit filed on any of the grounds for divorce is rejected and three years have passed since the date this decision became final, if the joint life has not been re-established for any reason, the marital union is considered to have irretrievably broken down, and a divorce is granted upon the request of one of the spouses.
In Article 185 of the Turkish Civil Code; A marital union is established between the spouses upon marriage.
Spouses are obliged to ensure the happiness of this union through joint effort and to jointly care for the care, education, and supervision of their children.
Spouses are obliged to live together, remain loyal to each other, and assist one another.
In the Turkish Civil Code, the obligation of loyalty of the spouses also includes economic loyalty towards each other. Engaging in behaviors involving visual violence against each other is not only a behavior contrary to the obligation of loyalty but also appears as a ground for divorce in a divorce case due to the irretrievable breakdown of the marital union.
Inappropriate written or visual behaviors, as they constitute coercive, aggressive, and abusive actions directed at a person's dignity, bodily integrity, freedom, right to life, security, and sexuality, are also accepted as matters of divorce in a divorce case due to the irretrievable breakdown of the marital union as behavior involving visual violence.
The behaviors of spouses regarding visual violence within the marital union show awareness in the jurisprudence of the Court of Cassation. We can explain the inappropriate written or visual behaviors that constitute a ground for divorce by being considered as behavior directed at visual violence in a divorce case due to the irretrievable breakdown of the marital union as follows: Daily narratives, message logs, television footage, letter contents.
Having problems related to marital duties within the marital union, having problems regarding employment, and being unable to meet the needs of the household appear as economic violence.
In the decision of the 2nd Civil Chamber of the Court of Cassation dated 25.05.2017, numbered 2016/1012 E. and 2017/6204 K.; It is understood that with the investigation conducted and the evidence collected, the defendant husband did not fulfill the duties required by the marital union by not paying the rent of the joint residence, as well as by having the natural gas subscription canceled and avoiding living together. In this case, there is a proven incompatibility between the parties to an extent that would shake the joint life to its foundations and is of a nature that does not allow the continuation of the union. In view of the flow of events, the plaintiff wife is justified in filing the lawsuit.
In the decision rendered by the 2nd Civil Chamber of the Court of Cassation, the spouse's cancellation of household subscriptions within the marital union was evaluated within the scope of a divorce case due to economic violence.
In the decision of the 2nd Civil Chamber of the Court of Cassation dated 26.02.2018, numbered 2016/12852 E. and 2018/2545 K.; In addition to the faults accepted and realized by the court, it is also understood that the defendant-counter-plaintiff wife constantly consumed alcohol and made inappropriate posts regarding this on social media. In the face of this situation, it must be accepted that in the events causing the divorce, the defendant-counter-plaintiff wife was more at fault compared to the husband; the decision ruled that making inappropriate posts on social media is considered a ground for divorce.