ترك الزوجة مسكن الزوجية بين قانون الأسرة وقانون العقوبات الجزائريين

Abstract EN

One of the most important duties imposed on the spouses is to be present in the marital residence, in order to take care of the interests of the family, each according to his role in it, and because the woman’s role as a wife and mother is pivotal in the family, her presence and decision in the marital residence is more necessary than the husband who may be forced by certain circumstances, such as work or study, to be absent from the residence.

marital.

thus, the wife’s leaving the marital home was a violation of her duties imposed on her towards her husband under the marriage contract, and towards her children as a mother.

the Algerian legislator has provided a penalty for the wife’s leaving the marital home, whether in the family code, in what is termed eL Nouchouse or in the penal code, in what he calls the crime of leaving the family home.

if its conditions are met, and this is what we will discuss in this research paper.