Divorce on the grounds of mental illness under Turkish law (Article 165 of the Turkish Civil Code)

This master's thesis examines divorce based on mental illness, addressing its legal, social, and psychological dimensions. The purpose of the thesis is to explore the role and impact of mental illness, one of the grounds for divorce under the Turkish Civil Code, in the divorce process. Mental illness, a complex condition with profound individual and societal implications, can lead to significant crises in family life. In this context, the study examines the effects of mental illness on family relationships, the evidence of mental illness in divorce cases, the importance of psychiatric reports, and the way these are considered in the judicial process. The thesis also presents recommendations for improving current regulations, evaluates the adequacy of legal provisions, and discusses issues encountered in practice. The study is based on theoretical research, case law, and an examination of the legislation concerning divorce cases in Turkey. The analysis reveals that divorce cases based on mental illness have various effects on family harmony, economic conditions, social perceptions, and the psychological health of individuals. The findings highlight the need for a more comprehensive legal framework to ensure a fair approach to mental health issues and reduce potential injustices. Emphasizing the need for increased support and awareness in the divorce processes of individuals with mental illness and their spouses, the thesis provides recommendations on both social and legal levels. It is hoped that this study will contribute to the existing literature on mental illness and divorce and help increase societal sensitivity on this matter. Mental illness, a condition that profoundly affects individuals' lives, can also significantly shape marital relationships. The aim of this thesis is to analyze the challenges faced by individuals diagnosed with mental illness during the divorce process, including social stigma and legal sanctions, and to provide information on legal recourse available under current legal norms. It is expected that this study will contribute to raising awareness of how divorce cases based on mental illness are handled and shed light on the development of a more sensitive approach to divorce processes.