Maldives Family Act No. 4/2000

Section 25 of this Act have proven to be unsuccessful, and where the Judge finds that the parties to the marriage may not be able to peaceably continue in that marriage, then the Judge shall grant his approval to the husband to divorce his wife. e. Where the Conciliation Division for Family Matters communicates to the Judge that efforts towards reconciliation between the couple in accordance with

Section 25 of this Act have proven to be successful, or where the couple themselves communicate to the Court of their reconciliation by any other means, then application for divorce made to the court by the husband shall become a nullity. Application for 24. a. A wife may in accordance with the Regulations made divorce under this Act make an application to the competent court for divorce on any of the following grounds: i. Commission of an act by the husband that injures the integrity of the wife. ii. Cruelty by husband towards wife. iii. Compulsion by husband towards woman to commit an act unlawful by religion. iv. Abstinence by husband, without just cause, from performing sexual intercourse with the wife for a period exceeding 4 months. 27th December 2004 10 b. Where a wife makes an application in accordance with subsection (a) of this section to the court seeking a divorce from her husband, and where on examination of the matter it is found that the ground for seeking the divorce falls outside the provisions of section 28 of this Act, then the Judge shall transmit the matter to the Conciliation Division for Family Matters of the appropriate Court. Where the matter arose in an island where its court lacks such a Division, then the Judge shall in accordance with section 25 of this Act work towards conciliation between that couple. c. Where the Conciliation Division for Family Matters communicates to the Judge that efforts towards reconciliation between the couple in accordance with

Section 25 of this Act have proven to be unsuccessful, and where the Judge finds that the parties to the marriage may not be able to peaceably continue in that marriage, then the Judge shall separate the couple by a baayin divorce. d. Where the Conciliation Division for Family Matters communicates to the Judge that efforts towards reconciliation between the couple in accordance with

Section 25 of this Act have proven to be successful, or where the couple themselves communicate to the Court of their reconciliation by any other means, then application for divorce made to the court by the wife shall become a nullity. Conciliation 25. a. Upon transmittal of a matter for conciliation as referred in section 23 and section 24 of this Act to the Conciliation Division for Family Matters, or upon 27th December 2004 11 submission of a similar matter to the Court in islands where such a Division is not available, the Conciliation Division or Court shall as soon as possible begin the process of reconciliation between the couple. Reconciliation process shall be completed in all such matters within 3 months of their transmittal or submission. b. Reconciliation process as per subsection (a) of this section shall be conducted in accordance with this Act and Regulations made under it. c. In conducting the reconciliation process as per subsection (a) and subsection (b) of this section, priority shall be given to conducting the process by securing the attendance of the couple and those relatives of theirs who possess knowledge in respect of the dispute. Raju’ee Divorce 26. a. Where a woman is divorced by a revocable or raju’ee divorce and the act of revocation is committed in the Maldives, the marriage shall be revived after making an application to the Court and in accordance with the principles of Shari’ah. However, where the woman objects to revival of the marriage by revocation of the divorce, and where her reason for so doing is acceptable under Shari’ah, the Court shall not revive their marriage by revocation of the divorce. b. Where a marriage is revived in Court by revocation of divorce as provided in subsection (a) of this section, the Court shall send to the Registrar of Marriages the particulars of the marriage so revived. 27th December 2004 12 c. Where the Court has decreed a divorce under section 24, or section 27, or section 28 of this Act, or made an order for dissolution of the marriage by faskh that is to say by judicial separation, such marriage shall not be revived by way of revocation of divorce. Khul’u Divorce 27. This Act does not prohibit the effecting of a khul’a divorce by application made to the Court where the parties to the marriage agree that the wife may seek a divorce from her husband by making a payment to him or giving him a thing of monetary value. Faskh or judicial 28. Where a woman makes an application to the Court for annulment divorce on account of any of the following grounds, the Court shall without transmitting that matter to the Conciliation Division for Family Matters mentioned in section 25 of this Act annul that marriage. a Lapse of a period exceeding one year without knowing the whereabouts of the husband. b. Failure on the part of the husband to provide payment of maintenance for a period exceeding three consecutive months, and the matter has been filed with the Court twice and order for payment of maintenance has been made each such time and the husband continues to be in default of each of that order. c. Ignorance on the part of the wife at the time of marriage that the husband suffered from impotence and satisfaction by the Court that sufficient evidence exists as to the impotence of the husband subsequent to the claim made by wife after contracting that marriage. 27th December 2004 13 d. Insanity of the husband for a period of exceeding 2 years. e. Continued suffering of the husband from a communicable and serious disease for which a cure is yet to be found. f. Occurrence of any other event which will permit the marriage to be annulled under Shari’ah by faskh. No triple divorce by 29. No husband shall divorce his wife by a triple divorce uttered single in a single pronouncement. As such, irrespective of words pronouncement chosen or number of times they are uttered by a husband in divorcing his wife, that act of divorce shall be deemed to be a single act of divorce. Presumption of 30. Where circumstances exist to infer death of the husband and Death have not heard from the husband for a period of 4 years, the contract of marriage shall come to an end from the date the Court pronounces the death of the husband after it had examined the matter. Registration of 31. The Registrar of Marriages shall register in and enter the Divorces and particulars of divorces decreed in accordance with this Act Register of Divorces and Regulations made under it in the Register of Divorces and keep and maintain that Register. Determination of 32. Where the parties to the marriage have not agreed in a maintenance reasonable manner as regards payment of maintenance for payment prior to decreeing divorce the wife and children, the Court shall in accordance with section 35 of this Act and prior to granting leave to divorce or annulling the marriage decide upon the amount of maintenance payment due and its applicable period. Foreign nationals 33. Despite the fact a party to a marriage may be a foreign observing this Act in national he shall divorce or be divorced in accordance with divorcing or being divorced this Act. 27th December 2004 14 Maintenance to 34. Where a Maldivian husband divorces his wife who is a divorced foreign foreign national, he shall arrange for her travel to her country wife by Maldivian husband of domicile and bear all its expenses in addition to the payment of maintenance and other expenses as may be required this Act. Payment of Maintenance Attribution of 35. The Court has the power to make an order to the husband or payment of a divorced husband to pay maintenance in accordance with maintenance the principles of Shari’ah to his wife, children or his divorced wife. Determining amount 36. The amount of the payment of maintenance and the period of maintenance for which such payment shall remain payable to the wife, payment children or divorced wife shall be determined by the Court in accordance with Regulations made under this Act. Provisional payment 37. The Court has the discretion to make an order for payment of of maintenance provisional maintenance until the Court has made a determination on the payment of maintenance. Right to 38. Where the divorced wife during her marriage lived at the Accommodation residence of the husband or where custody of children of the marriage is vested in the divorced wife, she shall not be removed from that residence of the husband against her will during the prescribed waiting period of iddah or during the period of that custody, unless she is provided by the husband with alternate accommodation. Manner in which 39. While making an order for payment of maintenance to his payment of wife, children or his divorced wife, the Court has the maintenance may be effected discretion to secure payment by the person liable to payment of maintenance to deposit a certain property belonging to him with another and to direct use of its proceeds towards payment of sums due as maintenance payment, or to direct 27th December 2004 15 payment by a guarantor or assignee on behalf of the person liable to payment of maintenance or to apportion a part of the income of the person liable to payment of maintenance and to direct such apportioned amount to be paid as maintenance. Custody Right to custody 40. a. The mother of the child shall have a prior right in accordance with this Act to be entrusted with the custody of the child. b. Where the judge is of the opinion that the mother of the child is in want of the qualifications stated in section 41 of this Act for entrusting the custody of the child, the person to whom the custody of the child may be entrusted shall be determined by the Court from amongst persons provided in the Regulations made under this Act and in accordance with the order in which they are provided in those Regulations. c Where custody of a female child is entrusted to a man, he shall be a person within prohibited degrees of marriage in respect of that child. d Where there is more than one person to whom custody of the child may be entrusted in relation of a child and they are in equal degree of relations with the child, the custody of the child shall be entrusted to person who appears to be most compassionate towards the child and who bears the most virtuous character. e. In entrusting custody of the child in accordance with this section, paramount consideration shall be had to the welfare of child. 27th December 2004 16 Qualifications to 41. The person to whom custody of a child is entrusted shall entrust custody possess the following qualifications: a. The person shall be a Muslim; b. The person shall be of sound mind; c. The person shall be capable of providing compassion and care necessary for upbringing the child; d. The Person shall not be involved in the commission of vice acts prohibited in Shari’ah. In addition to the presence of qualifications mentioned in subsections (a), (b), (c) and (d) of this section, the person’s dwelling shall not be a place that may subject the child to any undue physical or immoral influence. How right to custody 42. The right to custody shall lose upon occurrence of any of the is Lost events stated below: a. Where custody of the child is entrusted to the mother of the child, her marriage to a person who is not within prohibited degrees of marriage in respect of the child; b. Where custody of the child is entrusted to a person who openly commits vice acts prohibited in Shari’ah; c. Where custody of the child is entrusted to the mother of the child, change of her residence to a different island except to return to her own island of residence without the consent of the father or legal guardian of the child or change of her residence to a different residence in manner that injures the visitation rights of the father of the child; d. Where the person to whom the custody of the child is entrusted renounces Islam. ; 27th December 2004 17 e. Where the person to whom the custody of the child is entrusted neglects the child or treats the child with cruelty. Regaining right to 43. Where it is established that the provisions in subsection (a) custody section 42 of this Act, becomes inapplicable in respect of the mother of the child, custody of the child shall be returned to her. Period of custody 44. a. The custody of the child shall remain with the person to whom custody is entrusted until the child completes the age of 7 years according to the Islamic calendar. Provided however, the Court may, upon application by the person to whom custody is entrusted, grant the custody of a female child until the child completes the age of 11 years according to the Islamic calendar and that of male child until the child completes the age of 9 years according to the Islamic calendar. b. Unless the Court orders otherwise, the child shall upon expiry of the period of custody, or completion of the requisite age of custody, have the right to live with either of the parents the child may elect.. Entrusting 45. The Court shall have the discretion to attach in accordance conditional custody with the Regualtions made under this Act conditions in granting custody of a child. Person entrusted 46. Where a matter in respect of the marriage of the person to with custody taking whom custody of a child is entrusted is pending in Court, the child abroad Court shall have the power to order, upon application being made by the father or mother of the child, to prohibit the child from being taken abroad by that person to whom custody of a child is entrusted. 27th December 2004 18 Guardianship and 47. Guardianship is divided as stated below into Principal Property of Child Judicial Guardian, Judicial Guardians, and Lawful Guardians. In this Act: a. Principal Judicial Guardian is the father of the child. b. Judicial Guardians are those to whom guardianship is transmitted in accordance with the principles of Shariah based upon paternal relations of the child. c. Lawful Guardians are those who may be appointed by Court as the guardians of the child in circumstances where neither the Principal Judicial Guardian nor Judicial Guardians are available. How guardianship is 48. a. Irrespective of whom is entrusted the custody of the transmitted child, the Principal Judicial Guardian of the child until he completes 18 years of age shall be his father. b. In case of death of the Principal Judicial Guardian, the judicial guardianship of the child shall be transmitted to persons provided in the Regulations made under this Act and in the order provided in them. c. Where there is neither the Principal Judicial Guardian nor any of the Judicial Guardians of the child, the Court shall have the power to appoint or remove Lawful Guardians of the child after having taken into account various matters provided in Regulations made under this Act and giving paramount consideration to the welfare of the child and with or without attaching any conditions to such appointment. 27th December 2004 19 Qualifications on 49. A Lawful Guardian appointed by the Court shall possess the receiving following qualifications: guardianship 1. He shall be a Muslim 2. He shall have reached puberty 3. He shall be of sound mind 4. He shall be a trustworthy person Discretion of 50. a. The Judicial Guardians of the Child shall have no guardians in respect power to sell any property of the child except as of property of child provided in subsections (b) and (c) of this section. And no Lawful guardian of the child shall have the power to deal with any property of the child except as provided in subsection (d) of this section. b. Immovable property of the child may be sold by a Judicial Guardian of the Child in the following circumstances: 1. twice the amount of its actual price may be obtained by selling the property. 2. absence of any other property belonging to the child and absence of any means to provide food for the child except through selling of that property 3. estimation of deterioration of the property c. Movable property of the child may be sold or mortgaged by a Judicial Guardian of the Child in the following circumstances: 1. requirement of money for food, medical needs, clothing, and education of the child 27th December 2004 20 2. possibility to obtain a reasonable value for the property d. Lawful Guardian shall require the permission of the court to gift, sell, mortgage, exchange or to give on lease for a period exceeding one year any property of a child under his guardianship. The Court shall not give that permission except in the interests of the welfare of the child and safeguarding money and property of the child. e. Every transaction entered into by the lawful guardian of the child without obtaining the permission of the court as provided in subsection (d) of this section shall be a void transaction. The Court shall have the power to retrieve and reinstate such property back into the property of the child. Entrusting function 51. Irrespective of whether the guardianship of the child is of safeguarding and entrusted to a third party, this Act does not prevent entrusting transacting in the property of the child of property of the child and the power to deal with it to the to his mother mother of that child so as to ensure continued welfare of the child. The mother shall have the power to deal with the property of the child as provided in this section only in the same manner as it is provided in section 50 of this Act in respect of lawful guardians of the child. Attribution of Legitimacy and Ascription of Paternity Attribution of 52. a. The minimum period for attributing legitimacy to a Legitimacy child shall be 6 months according to the Islamic Calendar from the date of marriage. b. The maximum period for attributing legitimacy to a child shall be 1 year according to the Islamic calendar from the date of divorce or death of the husband. 27th December 2004 21 c. This section shall not prohibit the right to negative disavow or disclaim a child’s paternity by way of li’an or imprecation in accordance with manner prescribed in Shari’ah. Children born to 53. Where a marriage is subsequently dissolved on grounds of void marriages nullity, the paternity of children of that marriage shall be attributed to the man in such marriage. Ascription of 54. A man may apply to the Court where he wishes to prove by paternity judicial means that a certain child is his legitimate child. Ascription of paternity in such matters may only be established by provision of evidence to the extent acceptable to the Court in respect of matters provided in Regulations made under this Act. Upbringing Children and Costs of their Maintenance Party to care for 55. a. Where it is established that father of children who children whose have not yet completed 18 years according to the Father suffers Gregorian Calendar and have no financial means to financial inability support themselves is unable to provide financially towards their upbringing, the Court shall discuss the matter with relatives of the children and where a person or person from among the relatives of those children agree, appoint such relative or relatives to be responsible for the upbringing of those children and bear the costs associated with their maintenance. b. The Court shall in determining the amount of maintenance mentioned in subsection (a) of this section, take into account the basic needs of the children requiring maintenance, the financial competence of the person or persons who agreed to take over responsibility for the maintenance of the children to in accordance with subsection (a) of this 27th December 2004 22 section, and the respective extent to which such person or persons shall share in the estate of the children. Upbringing children 56. a. Priority shall be given to such person who shall bear pro bono or for responsibility towards upbringing and costs of reward maintenance as required under this Act pro bono and is capable of undertaking the task. b. Despite the fact that there may be a person who is willing to bear responsibility towards upbringing and costs of maintenance as required under this Act pro bono, the upbringing of a child may be entrusted to a person willing to bear that responsibility for reward where the person to whom costs of maintenance is attributed has no objection in providing those costs of maintenance. c Where the person to whom costs of maintenance is attributed has the financial competence towards payment of costs associated with the upbringing of the child, he shall have no right to object to entrusting the upbringing of the child to another person with payment of costs of maintenance as required under this Act. . Providing care for parents and Costs of their Maintenance Children to meet 57. a. Every person shall in order that he may act in the basic needs of manner commensurate with the position ordained by parents the religion of Islam with respect to parents, and to the extent it is financially possible for him, provide his parents with adequate food shelter and clothing, attend to their medical needs, meet their other basic needs, and extend other conveniences and amenities they require in life. 27th December 2004 23 b. No person shall treat his parents with cruelty or act in a manner injurious to their integrity. Obligations of 58. a. From amongst matters provided in section 57 of this Children Act, it shall be the obligation of every male child who has completed 18 years of age to provide his parents with adequate shelter and attend to matters that require financial expenses. b. Except as provided in subsection (a) of this section in respect of providing parents with adequate shelter and attending to matters that require financial expenses, male and female children shall for the purposes of the rights of parents be deemed to be equal as regards the provision of other amenities. Appointing a third 59. Where the person who has borne responsibility towards party to care for providing care for the parents is required to be resident out of parents the island for long periods for the purposes earning income or due to other reasons he shall entrust the responsibility of providing care for the parents to a party acceptable to the Court. Appointment of a 60. a. Where the Court appoints a certain person from third party by Court amongst the children on the parents to be responsible to care for parents for the cost of their care, due regard shall be had to the basic needs of the parents, financial competence of the person taking responsibility for their care and the respective extent to which such person shall share in the estate of the parents. b. Where there is no agreement amongst the children as regards bearing responsibility for the cost of providing care for their parents and the provision of other amenities in life, the extent of responsibility in respect of the foregoing shall be determined by the 27th December 2004 24 Court taking into account the matters provided in subsection (a) of this section and in a manner commensurate with their position in life. Interim orders 61. Where the Court is of the opinion that a provisional arrangement shall be made as regards the provision of care and bearing responsibility for the cost of their care pending the conclusion of a matter before the court as regards the provision of care and bearing responsibility for the cost of their care decision of the a orders, the Court shall have the power to make an interim order in respect of those matters. Penalties Failure to register 62. It shall be an offence to remain without applying to register a marriage marriage in accordance with section 19 and section 22 of this Act. The offender shall be subject to a fine of Mrf. 1,000.00. Coercion to marry 63. It shall be an offence to coerce a person to contract a marriage against his will. The offender shall be subject to a fine between Mrf. 1,000.00 and Mrf. 5,000.00 or exile for a period not exceeding 6 months. Furnishing false 64. It shall be an offence to furnish false information to contract information a marriage or to register it. The offender shall be subject to a fine between Mrf. 1,000.00 and Mrf. 10,000.00 or house detention or exile between 1 year and 2 years. Marrying more than 65. It shall be an offence for an already married man to contract one wife without a marriage with another woman without obtaining the approval of the Court approval in accordance with this Act. Where the woman who has contracted such a marriage shall also have committed an offence if she has knowledge of the already exisiting marriage. The offender shall be subject to a fine not exceeding Mrf. 5,000.00. 27th December 2004 25 Contracting a 66. It shall be an offence for a woman who is divorced three marriage with times by the same husband to contract a marriage with another for removing bar on remarriage another for the sole intent of removing the bar on her with same spouse remarriage with the erstwhile husbandor for a person to contract a marriage at the request of another or for reward or for other emolument with the sole intent of facilitating the removal of a bar on remarriage between two erstwhile parties to a marriage shall be an offence. The offender shall be subject to a fine not exceeding Mrf. 5,000.00 or exile for a period not exceeding 6 months. Divorce without 67. It shall be an offence to divorce in contravention of this Act. approval and outside The offender shall be subject to a fine not exceeding Mrf. court 5,000.00 or exile or house detention for a period not exceeding 6 months. Failure to notify 68. It shall be an offence to remain without notify proper commission of authorities as regards commission of an offence prescribed offence by this Act or commission of an act in contravention of the manner prescribed in this Act. The offender shall be subjected to a fine not exceeding Mrf. 1,000.00 or exile or house detention for a period not exceeding 3 months. Resumption of 69. It shall be an offence for a person to continue live in conjugal relations conjugal relations with his wife after having divorced his without performing without revocation wife and without having revoked that divorce in accordance of the divorce with this Act. The divorced wife lives in conjugal relations with her divorced husband also commits an offence. The offender shall be subjected to a fine not exceeding Mrf. 1,000.00 or exile or house detention for a period not exceeding 6 months. Acts in 70. Except in relation to a person who commits an offence for contravention of this which specific penalties have been prescribed in this Act, Act every person who acts in contravention of a directive or 27th December 2004 26 prohibitive provision of this Act shall be subjected to a fine not exceeding Mrf. 1,000.00 or exile for a period not exceeding 6 months. Miscellaneous Matters Valid marriages 71. a. This Act shall not affect the validity of marriages that subsisting prior to had been solemnized in accordance with the commencement of this Act principles of Shari’ah and duly registered in the Maldives prior to the commencement of this Act. b. Marriages mentioned in subsection (a) of this section shall upon commencement of this Act be deemed to be registered under this Act c. Once the marriages mentioned in subsection (a) of ththis of this section are registered in accordance with subsection (b) of this section, provisions of this Act shall apply in respect of those marriages and matters relating to marriage and divorce. Power to make Rules 72. Regulations that are required to be made under this Act shall be made and enforced by the agency appointed by the President. Interpretation 73. Unless the context requires otherwise, in this Act: a. “Sharu’ee Mauzoon” shall mean person appointed by the competent authority to solemnize marriages. b. “Registrar of Marriages” shall mean every person appointed by the President to carry out all functions specified in this act to be carried out by the Registrar of Marriages. c. “Qaazee” shall every person from amongst judges who is assigned the task of carrying out functions specified in this Act to be carried out by a Qaazee. 27th December 2004 27 Commencement 74. This Act shall come into effect from 01 st July 2001. P P Laws repealed 75. Law Number 3/80 ( Law on Marriages and Divorces involving Maldivian and foreign nationals) is repealed upon commencement of this Act. 27th December 2004 28