Relationships, which have been evaluated within a wide spectrum from the earliest ages of human existence to the present day, and have become concrete as a reflection of culture, social environment and lifestyles of individuals, have a dynamic structure in today’s world. especially when the opportunities offered by the developing technology are used for the realization of socially undesirable behaviors, along with the alienation of individuals from each other and the sense of loyalty is not as important in people’s lives as it was perhaps centuries ago, they lose their value judgments and move away from their essence.
Infidelity, one of the most common reasons for the termination of marriages and relationships in recent times, is defined by most authorities as an immoral act, especially given the structure of Turkish society, it is one of the reasons for divorce, which people consider as a matter of honor and honor, as well as a form of behavior that damages their dignity.
Infidelity, which has many reasons such as decreased emotional attachment, loss of importance of loyalty and the inability to meet each other’s expectations due to some changes in people’s lives, is regulated in Article 161 of the Turkish Civil Code No. 4721 under the title of adultery.Infidelity, which has many reasons such as decreased emotional attachment, loss of importance of loyalty and the inability to meet each other’s expectations due to some changes in people’s lives, is regulated in Article 161 of the Turkish Civil Code No. 4721 under the title of adultery.it is a special and absolute reason for divorce regulated in the article. According to this, if one of the spouses commits adultery, the other spouse can file for divorce due to infidelity. Six months, starting from the wife who has the right to sue, learning the reason for divorce, and in any case, five years have passed since the adultery act, the right to sue is reduced, and the forgiving party does not have the right to sue.Six months, starting from the wife who has the right to sue, learning the reason for divorce, and in any case, fix months, starting from the wife who has the right to sue, learning the reason for divorce, and in any case, five years have passed since the adultery act, the right to sue is reduced, and the forgiving party does not have the right to sue.
As can be seen, the legislator has clearly stated that the deceived spouse has the right to file a divorce case. However, here, taking a clear stance on divorce is not enough for the judge to rule on divorce due to adultery, and the claim put forward must be proven before the court in order for the desired result to occur.
Most of the people who cheat are individuals who are aware of their actions, and the need to hide it due to human nature leads to some difficulties in terms of proving the deceived spouse. Persons can submit all kinds of documents such as photos, videos, sms recordings, letters written to a lover, movements in this direction on social networking sites to prove the existence of this action as evidence to the court, provided that they do not obtain it illegally. Again, the true and true statements of witnesses retain their importance in cases where deception is involved, but they have a full effect if they are also supported by other evidence.
It should be noted that the periods stipulated by the law, which are specified as six months starting from the learning of the adultery act and five years following the realization of the action in any case, are important in terms of accepting the divorce case to be filed based on this reason.t should be noted that the periods stipulated by the law, which are specified as six months starting from the learning of the adultery act and five years following the realization of the action in any case, are important in terms of accepting the divorce case to be filed based on this reason. In addition, in cases where the deceived spouse reveals that he forgives explicitly or tacitly, verbally or in the form of behavior, convincing evidence or witness statements lose their importance, which the judge expresses to decide on divorce based on the reason for infidelity. All evidence is eliminated when the statute of limitations has passed or when the cheated spouse forgives
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