Morocco: A husband sentenced by the court to return to live with his wife!

The association "Matqich Waldi" reacted to this verdict by emphasizing that the family is the basic unit of society and that its stability conditions the psychological balance of the children. The organization recalls that marital duties are not only material, but are based on respect and cooperation. While recognizing the legitimacy of the fight against unjustified abandonment of family responsibilities, the association advocates favoring mediation and social support before resorting to judicial coercion, in order to promote lasting and consensual solutions.

This judgment is not isolated in Moroccan judicial practice. The family court in Marrakech had already issued a similar decision in February 2020. In this precedent, the court had considered that marriage entails obligations of common residence essential to the care of the children. The absence of the spouse at the hearing had been interpreted as an implicit admission of his departure from the home, thus justifying the injunction to return.

On the legislative level, the fact for a parent to leave the family home without compelling reason for more than two months is qualified as neglect towards the family. This offense is punishable by criminal penalties, including imprisonment and fines, in addition to possible compensation for the injured party. The justice system uses the penalty as a pressure mechanism to ensure the execution of these decisions, while placing the best interests of the child at the center of the procedures.