Moroccan Court Denies Divorce to Man with Pregnant Wife, Citing Child’s Rights

The court considers that the spouse’s request is premature, although "Moroccan law grants him the right to divorce during the pregnancy period". Relying on Article 70 of the Moudawana, the judge justified his decision by the sacred nature of the marriage bond, as described in legal and religious texts.

"The marriage bond is considered sacred both in terms of religion and law, it is natural that recourse to its dissolution should only take place exceptionally and by taking into account the rule of the lesser evil, since this dissolution leads to the disintegration of the family and harms the children," it is emphasized.

This is a first in the judicial annals in Morocco, especially since in the majority of cases, the decision to dissolve the marriage, often not well thought out, is left to the free discretion of the spouses.