Constitutional Court's decision regarding the condition of not marrying for divorced women for 300 days

The Istanbul 8th Family Court had applied to the Constitutional Court with a request to annul Article 132 of the Turkish Civil Code No. 4721, titled “waiting period for women,” which was the subject of application in a case it was hearing.

The Constitutional Court reviewed the request for annulment of the application from the perspective of "the ex-spouses' desire to remarry each other," which is the relevant part of the case heard by the court, and ruled on it.

The Supreme Court rejected the request to annul the last paragraph of Article 132 of the Turkish Civil Code, which states, "If it is understood that the woman is not pregnant from her previous marriage or if the spouses whose marriage has ended wish to remarry each other, the court shall lift this period" by a majority vote.

Article 132 of the law, in its entirety, states, "If the marriage has ended, a woman cannot remarry until 300 days have passed since the marriage ended. The period ends with giving birth. If it is determined that the woman is not pregnant from a previous marriage or if the spouses whose marriage has ended wish to remarry, the court will lift this period."

Source: ANKA