Introduction to Law Deneme Sınavı Sorusu #725192

What does not provide a legal ground for divorce?


Leaving the marital domicile for three months

Habitual gambling

Sexual intercourse with another person

Humiliation of a spouse by the other

Developing an incurable mental illness


Yanıt Açıklaması:

According to the Civil Code, there are five specific grounds for divorce.

1- Adultery: Voluntary sex with someone other than his/her spouse. This action should be brought within 6 months.

2- Plots against life, grave assaults/insults: A plot against life is attempt by one spouse to murder the other spouse. Grave assaults
are threats or attempts to do bodily harm to the other spouse, by force or violence. Grave insults are actions of humiliation by one spouse to the other spouse. The spouse may again bring an action for divorce in six months time he/she learns about this act and in five years this act is committed. If the spouse forgives the one who has committed such an act, then this spouse shall not have a right to bring an action for divorce.

3- Crime and dishonorable life: The conviction of a spouse for a humiliating crime or the dishonorable conducts of one of the spouses, like habitual drunkenness or habitual gambling, are grounds for divorce. But to bring an action for divorce, it should not be expected for the other spouse to continue living with this spouse any more.

4- Desertion: If one of the spouses leaves the marital domicile in order not to fulfill his/her marital duties or does not return to the marital domicile without a just ground and if this period at least six months, the remaining spouse may bring an action for
divorce. During this six month period, the remaining spouse should ask either the judge or the notary to draw a notice and invite his/her spouse back home and remind him/her about the results of his/her not returning. 

5- Mental illness: If one of the spouses becomes mentally ill and life becomes for this reason unbearable to the other spouse, the healthy spouse may bring an action for divorce, on the condition that this illness is proved to be incurable by a medical report.

Yorumlar
  • 0 Yorum