Court cites ‘rights of the foetus’ to deny divorce from pregnant wife

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Court cites ‘rights of the foetus’ to deny divorce from pregnant wife
CREDIT: Pixabay

A COURT in Morocco has cited the “rights of the foetus” to deny divorce to a man and his pregnant wife in Morocco.

A judge in Safi, in southwest Morocco, rejected the request for a divorce between a man and his pregnant wife, citing article 70 of the country’s Family Code, according to which, divorce is an exceptional measure.

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According to the ruling, the baby has the right to be born into a family that lives under the same roof.

According to news site, Medias24, this is an unprecedented case in Morocco, where the law has been applied “fairly and not literally.”

The dissolution of the marriage has been postponed until after the baby was born.


To justify the sentence the court has taken into account the “principle of the lesser evil considering that separation entails harm for children.

The court determined that in comparing the damage alleged by the man seeking divorce and the damage which could be done to the family as a whole as the result of the couple divorcing, it would be “premature” to allow the marriage to be dissolved before the child is born.

The court ruled that the man can seek divorce again once the child is born, and have also accepted the possibility of the sentence being appealed.



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Jennifer Leighfield, born in Salisbury, UK; resident in Malaga, Spain since 1989. Degree in Translation and Interpreting in Spanish, French and English from Malaga University (2005), specialising in Crime, Forensic Medicine and Genetics.Published translations include three books by Richard Handscombe. Worked with Euro Weekly News since November 2006. Well-travelled throughout Spain and the rest of the world, fan of Harry Potter and most things ‘geek’.

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