SP TRA (II) / JUDGMENTS / KFHST / MM / 2011

Kingdom of Morocco Ministry of Justice Court of First Instance of Tangier Family Division File n 2231/ ! Judgment n 12"# Dated 3 / $/2 %

In the name of his Majesty

The Court of first instance of Tangier in its Family Division rendered, on the 30th day of April 00!, the follo"ing judgment# $et"een Mrs% &himou &am'ou(, represented 'y Messrs Ismail )e'ari &afi and Mohamed $oujrari, la"yers at the $ar of Tangier, *laintiff, And Mr% +asan Me,yan, residing at Ma'rou(a, -an(at ./, n0 12/, Tangier, Defendant% F&CT' $y virtue of the introductory petition, registered at the 3ffice of the Cler( of the Court on 0!4054 006, "herein the la"yer of the plaintiff states that she is the "ife of the defendant 'y virtue of a marriage contract 4 certificate entered on the register of marriages 4 marriages record under n0 156, folio 1!! at the 7otarial Department of the Court of First Instance of Tangier on 1140!4 00., and that she has no children "ith him, and that the defendant acts against 4 counter to the o'jectives of marriage and 'ehaves immorally 4 indecently 4does not 'ehave properly and that she has girls from a deceased e89hus'and and that the defendant assaults se8ually one of her daughters and that 'ecause of this odious 4 a'omina'le crime, he is currently serving a sentence in one of the prisons in $elgium, and that dispute 'et"een them gre" :seriously; into discord, thus ma(ing the continuity of their marital relationship impossi'le% For that reason she re<uests the Court to render a judgment ordering her divorce from the defendant for discord and o'liging him to pay her legal due fi8ed as follo"s# MAD.000 as Mutaa :compensation;, MAD100000 as alimony during her Idda period, and MAD 000 as rental payments during the said period, and to ma(e this judgment urgently enforcea'le% =he su'mitted her marriage certificate% $y virtue of referring 4 the transfer of the case to the conciliation and in<uiry hearing held at the deli'eration cham'er in e8ecution of the discord procedure on the /th day of March 00!, and attended 'y the "ife "ho confirmed that the defendant had se8ually assaulted her daughter from her deceased hus'and, and that he "as prosecuted 'y the judicial authorities in $elgium and that as a matter of conse<uence she "as afflicted "ith a psychological disease "hich affected her life> "hereas the defendant

SP TRA (II) / JUDGMENTS / KFHST / MM / 2011

defaulted though duly served, "hich made it impossi'le to 'ring a'out reconciliation 'et"een the t"o parties as the "ife persisted in her claim% $y virtue of a note su'mitted 'y the defendant through her la"yer Mohamed $oujrari on the 3rd day of April 00!, "herein she e8posed that conjugal life "ith the defendant had 'ecome impossi'le as he continuously assaulted her and 'ecause of his despica'le 'ehavior, and that she had 'een afflicted "ith nervous disorders 4 'rea(do"ns 'ecause of "hat he had done to her daughter and that conciliation 'et"een them had 'ecome impossi'le% For this reason she re<uested the Court to decree her divorce for discord and o'lige the defendant to pay her her due% =he su'mitted medical certificates and a report issued 'y the *olice of $russels% ?hereas if the divorcee is pregnant, she maintains her right to alimony until delivery, and if she is not pregnant, she stays entitled to receive her rental payments until the end of her idda period% ?hereas, as long as4 as much as the plaintiff is not pregnant, only her right to receive rental payments is maintained, in "hich case the Court is called upon to fi8 the rents during her idda period at an amount to 'e specified in the dispositive part of the present judgment% ?hereas almuta :compensation; is prescri'ed 'y la" "ith the aim to repair damage incurred 'y the divorcee 4 caused to the divorcee, and is calculated 4 determined in consideration of the period of marital relationship, the causes of divorce and its justifications as "ell as the material and social situation of the parties%