67. It is disconcerting that more women believe that human rights are incompatible with
Islam and strongly support the statement “A good wife always obeys her husband even
if she disagrees”.137 Out of court and underage marriages remained as an area of concern
that lacks comprehensive data.138
68. While divorce rate remains high, close to three-fifths of divorce petitions were filed by
the wife.139 Additionally, 13% of divorce cases were concluded in reconciliation. A
mother’s remarriage is grounds upon which she loses custody of her children according
to Family law (2000) despite the guarantee afforded by the Child Rights Act (19/2019)
to consider the best interest of the child in all court proceedings and decisions involving
a child.140
Figure 24. Marriage and divorce cases, and average annual divorce cases. DJA 2015-2018.141
69. On average 169 polygamous marriages were registered annually. 142 Polygamous
marriages are permitted when men declare their financial competency in providing for
wives and children. Anecdotal reports suggest men enter into polygamous marriages
covertly by getting their marriage solemnized overseas to circumvent restrictive
provisions of law.143 Correspondingly in 2019 the Apex court issued a circular to
enforce a prerequisite to obtain a statement from current wives to confirm financial
support from husband before registering polygamous marriages, as some courts
assumed financial support in cases where it lacked expense records.144
Figure 25. Polygamous marriages and marriages registered overseas between Maldivians. DJA.2015-2018.145
29