divorce and repudiation in the new family code: the separation of couples is not always easy
Since the Family Code came into force, the number of applications for divorce is increasing. The courts continue to receive daily an impressive number of applications. The Family Code has introduced several reforms in divorce. However, the media should support its adoption has not occurred. Result: the man in the street knows very little (often erroneous).
Misinterpretation content encourages men to have some sort of phobia of marriage. Misinterpreted, this new legislation is still ignored by a fringe of women. Jihan, 28, whom we met at the door of a court, is a recently divorced woman. She said that "after several years of suffering, I managed, Finally, to have my freedom "... Each of the women had repudiated his own reasons for divorce" My ex-husband and I, we agreed to ensure that our children positive ways to provide them with good future, "spoke Aîcha, another divorced aged 36 years. "In the absence of normal living conditions, we have more than divorce. Personally, my life had turned into a real hell, "was justified and Amal, a young woman of 22 years. Her husband, Hadj Ahmed, who made three times his age, remained frozen in the hearing to make such remarks. According to him, "Amal had all she wanted. I've never denied anything and besides, I treated her well. " Replying to the testimony of her ex-husband, Amal did not hesitate to prononcer.Elle shouted in his face, "you say after all divorce. You think being able to buy our freedom with your gifts and take away our rights with marriage. " This kind of bickering in the courts do not stop. The problems of couples vary causes. These conditions relate to misunderstanding, lack respect for others, unemployment ...
Master Abderrachid Benslimane, Bar Safi and former member of the same city, a former member of the Committee on legislation in Parliament said that "the wife was always the possibility of justice and ask divorce even before the promulgation of Former Moudawana, which dealt in articles 44 and following the dissolution of marriage and its effects in his book 2 which speaks of renunciation (pronounced by the husband) and divorce (pronounced by the judge). In the new family code, the two forms of dissolution exerted by the husband or wife, under judicial control, and according to legal conditions specific to each of them. " Master
Benslimane further added: "If this is the divorce pronounced by the court at the request of the wife, we may note the causes and the following cases: The consensual divorce, where both spouses agree by mutual agreement of principle to end their marital relationship without or with legal requirements do not harm the interests of children. "
According to his explanation, divorce for compensation, it is a divorce with consideration defined specifically by both spouses or evaluated by the court. According
M. Benslimane, there are also services for divorce and divorce for lack of maintenance (lack of maintenance) and for divorce fatal flaw. It is the subsequent discovery of a defect in the marriage rooted and incurable or whose recovery could take place only within a period exceeding one year (dementia, leprosy, tuberculosis etc.), or a contagious disease. There is also the for divorce without the husband for over a year in a known location and without cause. And finally, the divorce for continence following oath or neglect and that after the deadline 1 month fixed by the court in vain. Master
Abderrachid Benslimane stated in particular at the level of dissolution of marriage, there has been advances and guarantees given to all parties. "Firstly, there were more than repudiation by default in the absence of the wife. All forms of dissolution (divorce or repudiation) are subject to review by the court. Repudiation may be imposed by the wife when the power was given him (right option) "has he retorted.
For his part, Mr Mustafa Al Kanaan, former MP and Bar Casablanca reported a novelty: "To protect women from abuse by her husband in the right of divorce (ex-repudiation), the new law makes it to the prior authorization of the court (Article 79) . Mr. Kanaan also stressed: "As to divorce for breach of a condition of marriage, Article 99 stipulates that it is considered an injury justifying divorce any act or conduct infamant from injury for indecent material or moral harm to the wife's making it impossible to continue life conjugal. "
For the consequences of this social phenomenon that remains very answered in our society, they can not be negative. These often lead to destructive purposes! However, the new law to please women!
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