Article 163 of the Turkish Civil Code ("TCC") grants the right to file for divorce if one of the spouses commits a dishonorable crime or leads a life contrary to societal moral values. This article is classified among the relative grounds for divorce and is considered a fault-based and specific ground for divorce.

1. Conditions for Filing for Divorce

• 1.1. Committing a Crime

Under Article 163 of the TCC, certain legal conditions must be met for a divorce case to be filed. These conditions apply to cases involving the commission of a crime or leading a dishonorable life. If one of the spouses commits a crime that is considered disgraceful in society, it constitutes sufficient grounds for the other spouse to file for divorce. The crime must have been committed during the marriage.

Disgraceful crimes are those that are considered morally unacceptable by society and tarnish the perpetrator's reputation. Crimes such as embezzlement, bribery, theft, fraud, forgery, sexual harassment, and sexual assault are regarded as dishonorable crimes. Under Article 163 of the TCC, these crimes can be grounds for divorce.

According to Article 163, committing a disgraceful crime is sufficient grounds for divorce. However, the crime must have been committed intentionally; crimes committed through negligence or those with legal justifications do not fall under this category.

A conviction by a criminal court is not a prerequisite for filing for divorce. The family court can independently assess the existence of the crime. However, criminal court rulings may be binding for the civil court, especially regarding the determination of whether the crime was committed, the identity of the perpetrator, and the unlawfulness of the act. Even a single instance of committing a disgraceful crime is sufficient to file for divorce under Article 163. Repeated commission of the crime does not constitute an additional requirement for the acceptance of the case.

• 1.2. Leading a Dishonorable Life

Although the concepts of "honor" and "dignity" are referenced in different articles of the TCC, they have similar legal implications. Dignity pertains to an individual's respectability and reputation in society. Leading a dishonorable life refers to adopting and continuously maintaining a lifestyle that violates moral norms.

For leading a dishonorable life to be considered grounds for divorce, it must be continuous. A single immoral act is generally not sufficient. The behavior must persist during the marriage. Acts that occurred before the marriage but did not continue afterward are not considered under Article 163.

Examples of dishonorable behavior include extramarital relationships, homosexual relationships, drug trafficking, operating a brothel, alcohol and gambling addiction, prostitution, and human trafficking. The legal status of these acts may not affect the court’s assessment.

• 1.3. The Marriage Must Become Unbearable

To file for divorce under Article 163, the marriage must have become unbearable for the other spouse due to the disgraceful crime or dishonorable lifestyle. The wrongful acts must make it impossible for the other spouse to continue the marriage.

The ground for divorce regulated under Article 163 is a relative ground. This means that the court will determine whether the marriage has become unbearable for the plaintiff. The court evaluates whether the marriage can continue, considering the social, economic, and psychological conditions of the parties. If the plaintiff spouse participated in the crime or benefited from it, the claim that the marriage has become unbearable may not be accepted. Similarly, if the spouse tolerated or supported the dishonorable lifestyle, they do not have the right to file for divorce.

2. The Crime Must Be Committed During the Marriage

For a divorce case to be filed under Article 163 of the TCC, the crime must have been committed during the marriage. Crimes committed before the marriage generally do not constitute grounds for divorce under this article. However, if a crime committed before marriage was concealed from the other spouse and fundamentally disrupted the marital union, it may, in certain cases, be considered grounds for divorce. If the spouse was aware of the crime before marriage but chose to marry nonetheless, filing for divorce based on such a crime may not be possible.

3. Fault-Based Nature of the Case

To file for divorce based on committing a disgraceful crime or leading a dishonorable life, the defendant spouse must be at fault. Article 163 of the TCC regulates this as a fault-based ground for divorce.

The plaintiff spouse’s own fault does not prevent the divorce ruling. If the continuation of the marital union is no longer possible, maintaining the marriage with the spouse who committed the disgraceful crime or led a dishonorable life is deemed unreasonable.

4. Termination of the Right to File for Divorce Based on Committing a Crime or Leading a Dishonorable Life

• 4.1. Forgiveness

In general, the law does not concern itself with personal emotions or attach direct legal consequences to them. However, in certain exceptional cases, personal emotions may have legal consequences.

Under Articles 161 and 162 of the TCC, if the spouse who was cheated on or mistreated explicitly forgives the other spouse, they lose the right to file for divorce. However, Article 163 does not contain a specific provision stating that forgiveness nullifies the divorce case. According to legal doctrine, if the forgiven spouse’s behavior is no longer deemed to make the marriage unbearable, a divorce case cannot be filed.

• 4.2. Passage of Time

For adultery and certain other grounds for divorce, specific limitation periods are established. However, no such time limitation is provided for divorce cases based on committing a disgraceful crime or leading a dishonorable life. Under Article 163, a divorce case may be filed at any time. Even if a significant period has passed, the mere fact that the spouses continued to live together does not necessarily lead to the rejection of the case.

Long delays in filing for divorce may result in rejection, not due to a statute of limitations, but on the grounds that the marriage is no longer unbearable. If the couple has continued living together without apparent difficulty, the court may conclude that the situation does not render the marriage intolerable, leading to the dismissal of the case.

5. Conclusion

Article 163 of the TCC grants a spouse the right to file for divorce if the other spouse commits a disgraceful crime or leads a dishonorable life. This provision is considered a specific and relative ground for divorce. To file for divorce, the crime must have been committed during the marriage, the defendant spouse must be at fault, and the marital union must have become unbearable.

Divorce cases based on committing a disgraceful crime or leading a dishonorable life may also be evaluated alongside cases based on the fundamental breakdown of the marriage. However, the court will decide based on the plaintiff's claims, and if the plaintiff withdraws from a case based on a specific ground, they cannot later refile based on the same acts. Therefore, careful evaluation of legal conditions and meticulous case management are essential when filing for divorce on these grounds