Judicial Academy

Department of Judicial Administration

Session 6

This paper will analyze the amount of maintenance costs based on procedures used in modern legal systems on maintenance, examine the challenges faced in the enforcement of maintenance orders and highlight the issues in the existing legal framework and make recommendations on legislative amendments. This paper consists of 5 sections.

The first section will present a brief overview of the types of maintenance as per Act Number 4/2000 (Family Act) and the regulations enacted pursuant to the Acts. It then highlights the challenges faced by the public in obtaining maintenance over the past 5 years based on the data collected by the Family Legal Clinic. The second section of the paper will discuss the purposes of maintenance in light of Islamic legal systems and modern democratic legal systems. The third section of this paper will focus on the rules to be applied in determining the maintenance amount based on the current economic conditions of the Maldives and rules on this in other jurisdictions.

The fourth section of this paper will highlight the issues faced in the enforcement of verdicts in maintenances cases. It will also make suggestions on how this issue can be resolved by considering the mechanisms in other jurisdictions. The paper will conclude by summarizing how the issues discussed in this paper can be solved, inclusive of an action plan.

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