Turkish Family Law

As per Art. 164 of the TCC: “Where either the husband or the wife has deserted the other one with the purpose of not performing his or her obligations arising from union of marriage or without a material ground refuses to return home, the injured party can sue for a divorce, provided that this desertion or absence has continued for at least six months and still continues and the notification which has been made by the judge or the notary upon request has failed. The spouse that forces the other to desert their conjugal home or prevents the other from returning home without a just cause, is considered to have deserted

Upon request of the injured party, the judge or the notary without examining the basis, will send a notification to the spouse who has deserted the other, stating that he/she is required to return to their conjugal home within two months, and in case of not returning back, there will be further consequences. This call is accomplished, if necessary, by a public citation. However no call can be accomplished before the expiration of the specified fourth month required to commence a divorce suit and no suit can be commenced before the expiration of two months after the call…

Desertion is a special, absolute and fault requiring divorce ground. Desertion could…