ILLEGAL EVIDENCE IN DIVORCE CASES

In civil proceedings, unlawful evidence is most often put forward in divorce cases. It is either submitted to the file by the parties or requested from the court.

Entry and exit records of the other party to the country,
Whether he stays in any hotel with a person,
If he stayed at the hotel, requests such as with whom he stayed and on what dates are requested from the court.
The court is collecting this evidence.

Considering the general rate of divorce cases, in 80% of the cases, the parties demand the determination of the communication. In another decision, the 2nd Civil Chamber of the Supreme Court of Appeals described the frequent and inexplicable meetings of one of the parties at inappropriate times as distrustful behavior, and made a decision based on these evidences obtained through the detection of the communication.

The Supreme Court does not have a clear view on the detection of communication. Therefore, there cannot be a clear violation of the law. On the contrary, the courts can decide on the detection of communication, since the Supreme Court makes decisions that will be interpreted as in accordance with the law on the detection of communication.

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