Divorce Case On The Grounds Of Castration For Life
WHAT IS DIVORCE ON THE GROUNDS OF ATTEMPT ON LIFE?
Divorce on the grounds of attempt on life is regulated as a special ground for divorce in Article 162 of the Turkish Civil Code as follows: “Each spouse may file for divorce on the grounds that the other spouse has made an attempt on his/her life or has been treated very badly or has been subjected to a grossly degrading behaviour.” In addition to being a special ground for divorce, attempt on life is also considered as an absolute ground for divorce. For this reason, if the reason of intent to kill is relied on, the court decides for divorce only if this special reason for divorce is proved, without investigating the reason for the unbearability and undermining of the marriage union.
WHAT ARE THE CONDITIONS FOR FILING A DIVORCE CASE ON THE GROUND OF INTENT TO DIVORCE?
ONE OF THE SPOUSES MUST HAVE MADE AN ATTEMPT ON THE LIFE OF THE OTHER.
In order to be able to rely on the reason for divorce on the grounds of intent to kill, one spouse must reveal his/her intention to kill the other spouse with his/her behaviours and actions. The manner in which one of the spouses demonstrates his/her intention to kill the other spouse is not important. If these actions are in the form of attempting to kill the spouse or encouraging the spouse to commit suicide, a divorce case can be filed due to intent to kill. Therefore, the nature of the act is not important, it is sufficient to have an act that clearly shows the intention to kill the spouse and intent to kill the spouse.
Acts that do not involve intent to kill cannot be considered as a subject of divorce case due to intent to kill. It is sufficient for the existence of intent to kill the spouse to start the preparatory actions. Later abandonment of the act for which preparatory actions have been started does not change this situation. As a rule, only making death threats is not sufficient for the existence of intent to kill. However, for example, this behaviour of a person who puts a gun to his wife’s head is a situation that exceeds the limits of threats. In this case, whether the fact of intent to kill has occurred or not should be evaluated according to the characteristics of the incident.
In addition, in case of death, the existing marriage union between the spouses automatically ends. For this reason, it is a condition that the spouse whose life has been attempted is still alive, and a divorce case can be filed only for acts of intent to life that remain at the attempt stage.
THE SPOUSE WHO MADE AN ATTEMPT ON LIFE MUST BE AT FAULT.
In the event that the spouse has committed an act of killing as a result of negligent behaviour or negligence, the cause of intent to kill cannot be relied upon. In this context, although the manner in which the act is committed is not important, the intent to kill must be present. Acts that do not involve the intent to kill cannot be subject to a divorce case due to intent to kill. In the reason for divorce on the ground of intent to kill regulated under Article 162 of the Turkish Civil Code, the spouse who commits the act of intent to kill must have the power of discernment, since the existence of intent is clearly evident.
İn this case, if a spouse with a mental illness attempts the life of the other spouse, a divorce case cannot be filed on the ground of intent to divorce. In this case, the situation of filing a divorce case on the grounds of mental illness special divorce may come to the agenda.
WHAT ARE THE ACTS WITHIN THE SCOPE OF INTENT TO LIFE?
We can exemplify the acts within the scope of intent to life as follows;
Attempt to actually kill the spouse,
Watching a dying mate,
The spouse does not die despite the desire to kill and the related act,
Incitement to suicide,
Assisting suicide,
In case of actions such as avoiding the necessary assistance to prevent the death of the spouse (for example, not taking the injured spouse to the hospital), a divorce case can be filed on the grounds of intent.
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