UNLAWFUL EVIDENCE AND FREEDOM OF EXPRESSION IN DIVORCE CASES

Where do the rights of spouses towards each other in divorce cases begin and end? For example, is there an intervention such as the other spouse not taking him home when one of the spouses goes out of the house at night and goes for a walk? Can one of the spouses interfere with the other spouse’s private life or freedom of travel?

Court of Cassation 2. The Legal Department stated that the spouses do not have individual rights to each other in divorce cases, the main ones are the family order and the rights in this direction.

In article 132-133 of the Turkish Commercial Code; it is considered a crime for a person to record the voice and image of another person. Is this arrangement valid for spouses as well? Are confidential video and audio recordings illegal?

Everyone has the right to prove his claim, but persons must exercise these rights in accordance with the law, as regulated by Article 38 of the Constitution.

It is not necessary for the parties to assert that the evidence is contrary to the law. Whether the evidence is unlawful or not can be taken into account (spontaneously) by the judge. The judge does not collect evidence contrary to the law, does not base it on the verdict.

UNLAWFUL EVIDENCE IN DIVORCE CASES

Unlawful evidence in civil proceedings is most often put forward in divorce cases. Either the file is submitted by the parties or it is requested from the court.

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

Looking at the overall rate of divorce cases, in 80% of cases, the parties demand the detection of communication. Court of Cassation 2. In its decision, the Legal Department again described the frequent, undisclosed meetings of one of the parties at inappropriate times as trust-shattering behavior and decided based on this evidence obtained by detecting communication.

The Supreme Court does not have a clear opinion on the detection of communications. That is why there can be no mention of a clear violation of law. On the contrary, the courts can decide on the detection of communication because the Supreme Court makes decisions on the detection of communication that will be interpreted in accordance with the law.

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