SECTION 358 — Desertion

(1) Any spouse or parent who without just cause evades whether by desertion of the family home or otherwise howsoever, the whole or any part of his moral or material obligations towards his spouse or children shall be punished with imprisonment for from 3 (three) months to 1 (one) year or with fine of from CFAF 5 000 (five thousand) to CFAF 500 000 (five hundred thousand). (2) Where a spouse alone has been deserted, no prosecution may be commenced without his or her complaint. (3) The same punishment shall apply to a guardian or person responsible by custom who evades his obligations by law or custom towards any child in his custody. 137 (4) Upon conviction, the Court may order the forfeitures described in Section 30 of this Code, disqualify the offender from being guardian or curator of any child for the time fixed by Section 31 (4), and for the same period deprive him of parental power in respect of any one or more of his children. (5) Where the person who received payment of the whole or a part of the bride-price is accessory to a wife's offence, he shall be punished with imprisonment for from 3 (three) months to 1 (one) year and with fine of from CFAF 50 000 (fifty thousand) to CFAF 500 000 (five hundred thousand).