Examination of supreme court decision regarding violance-based divorce cases

The phenomenon of violence has been a part of life from past to present. Violence is frequently observed within families, where family members may experience it either knowingly or unknowingly. It is one of the most common reasons for the breakdown of family unity. According to the Turkish Civil Code, individuals claiming to have been subjected to violence can file for divorce on the grounds of severe incompatibility or specific reasons such as attempted on life or degrading behavior. Violence in divorce cases occur in various forms, with physical, emotional, sexual, and economic violence being the most common types. Divorce and the divorce process can also trigger violence, affecting not only the divorcing parties but also their children and extended families. This study examines the issue of violence in divorce cases, focusing on judicial decisions related to violence-based divorce cases, custody and personal relations in families with minor children, the gender of the party complainant violence, whether there is a criminal complaint against the perpetrator, the fault of the parties, the concept of forgiveness in violence-related divorce cases, the proof of violence claims, and the role of forensic sciences in such cases. These aspects were analyzed in the direction of Supreme Court decisions in Türkiye between 1994 and 2024, incorporating the concepts of "divorce," "violence," and "forensic medicine." The analysis reveals that in violence-based divorce cases, the roles of the victim and the perpetrator often interchange. In such cases, the Supreme Court generally finds both parties at fault, classifying their fault as severe or minor depending on the evidence presented, and rules accordingly on divorce and its side result. This research reveals that the most common types of violence applied by the parties to each other in violent divorce cases in our country are physical violence, psychological (emotional) violence, economic violence, sexual violence and verbal (e.g. insults and humiliation) violence. The Supreme Court decisions we examined within the scope of our study show that; forensic reports prepared by expert institutions like the Council of Forensic Medicine play a crucial role in proving fault and violence. In cases where no forensic report is obtained, parties often appeal to higher courts, citing this as a reason for objection. The Supreme Court often accepts such requests on the grounds that a forensic report must be obtained from the Forensic Medicine Institute or relevant clinics. This study examines the expert reports taken from forensic medicine in violent divorce cases, in addition to proving the facts of violence, such as mental illness, drug use, DNA testing, etc. It shows that in many areas such as violence, the parties are also important in terms of proving their other claims.