26. Either party to a marriage can sue the other party for divorce on any of the following grounds:-
(a) that the other party has committed adultery:
Provided that no divorce shall be granted if the Court is satisfied that the party suing for divorce has consented to the adultery or has since condoned it;
(b)where the other party has made an attempt on the life of the party suing for divorce or where such other party has gravely ill-treated the party suing for divorce;
(c) where the other party has committed an infamous crime or has been guilty of such dishonourable conduct as, in the opinion of the Court, renders life in common impossible or intolerable for the party suing for divorce;
(d)where the other party has, without good cause deserted the party suing for divorce for a period exceeding one year;
Provided that a party may, even before the lapse of one year, apply to the Court to call upon the other party to return to the conjugal home within such time as may be specified and, in such case, if such other party refuses or fails to comply, the party so applying may sue for divorce at any time after the lapse of the period specified by the Court, but in no case a divorce shall be granted under this proviso unless the desertion has lasted for a period of not less than three months and it still continues;
(e) where the other party has become insane or where the mental condition of such other party is such as to make life in common impossible or intolerable for the party suing for divorce or constitutes a danger to the health of such party or the children of the marriage and the Court is satisfied by expert evidence that the insanity or the mental condition as hereinbefore provided is incurable or of a duration of not less than three years;
(f) where the conjugal relations are so seriously strained that life together has become impossible or intolerable:
Provided that, where the cause of such straining is mainly attributable to the fault of the one party, only the other party can sue for divorce.
27. No suit for divorce on the grounds set out in paragraphs (a), (b) or (c) of section 26 shall be brought after the expiration of six months from the occurrence of the event constituting the ground of divorce as in the said paragraphs stated or from the time when such event first comes to the knowledge of the party suing for divorce.
28. A person, instead of suing for divorce, may sue for judicial separation and the Court may grant a judicial separation for a period not exceeding three years and, if at the expiration of the period, the parties do not reconcile, then either spouse may sue for divorce; and, in every such case, a divorce shall be granted, unless the facts on which the claim is based show that the claimant is solely the party in fault: Provided that a divorce shall be granted in every case in which a party, even if innocent, refuses to be reconciled:
Provided further that, in dealing with the case, the Court may take into consideration not only the facts proved in the proceedings for judicial separation but also any other facts which may have occurred since.
29. Proceedings for divorce or judicial separation shall be instituted before the Court where the claimant ordinarily resides and the Court may, pending the proceedings, make such order with regard to the lodging and maintenance of the wife and the custody of the children as to the Court may seem fit.
30. Notwithstanding that a party has sued for divorce and a ground of divorce has been established, the Court may, in lieu of an order of divorce, grant a judicial separation if, having regard to all the circumstances of the case, the Court is of opinion that reconciliation between husband and wife may be first tried.
31. When a divorce is granted, the Court shall fix a period of not less than one year and not more than two years within which the party in fault shall not contract a second marriage, unless the Court for special reasons which shall be recorded fixed a shorter period: Provided that the period, which may lapse under a decree of judicial separation, shall be taken into account for the purposes of this section.
32. Upon a decree of divorce, the Court may-
(a) order the party in fault to pay such compensation to the innocent party as to the Court may seem fit, having regard to all the circumstances of the case, including the pecuniary position or expectations of the party in fault and of the injury to the person or reputation of the innocent party;
(b) order a party, even if not in fault, to pay to the other party such sum as the Court may think fit for the maintenance of such other party who may have become destitute by reason of the divorce:
Provided that such maintenance shall not be payable for a period exceeding one year from the date of the divorce:
Provided further that the maintenance shall forthwith cease upon the marriage of the party who is in receipt of the same or, if the party paying such maintenance satisfies the Court that the other party is no longer destitute.
33. After a suit for divorce or judicial separation is filed, the parties may live apart.
34.-(1) The Court may-
(a)when granting a divorce or judicial separation; or
(b) in respect of the infant children of any marriage which has been dissolved under the Sheri Law before the coming into operation of this Law; or
(c) where a husband has been guilty of wilful neglect to provide reasonable maintenance for his wife or the infant children of the marriage,
exercise the powers conferred upon the Court by subsection (2) of section 8 of the Turkish Family Courts Law, and may order the husband to provide for the maintenance of the wife and the maintenance and education of such children.
(2) No maintenance order shall be made in respect of any period prior to the date of the application for such order; and no sum due on a maintenance order for more than one year shall be recoverable.
(3) The Court may discharge or vary any order made under this section or suspend any provision thereof temporarily and may revive the operation of any provision so suspended: in so doing the Court shall have regard to all the circumstances of the case including any increase or decrease in the means of either party to the marriage.
35. If conditions are changed in consequence of the marriage, departure or death of the one party or for any other reason the Court may, upon the petition of the other party, or the father or mother of the other party, make such order with regard to any children of the marriage as to the Court may seem fit.