Chief Justice: New Family Law needed, judiciary should regulate

Chief Justice Abdul Ghani Mohamed stated on Tuesday that the Maldives requires a new Family Act.

He further asserted that the authority to formulate regulations under this new legislation should be vested in the judiciary, not the Family Ministry.

Speaking at the closing ceremony of the Family Procedure Training Programme in Huraa, Kaafu atoll, the Chief Justice highlighted three critical areas within the family justice system demanding attention.

The Chief Justice identified the absence of a family justice law that aligns with contemporary societal shifts as the foremost challenge in handling family cases. He emphasized that the current Family Act, now 25 years old, predates significant and unforeseen societal transformations.

Secondly, Chief Justice Ghani underscored the necessity of transferring the responsibility for drafting essential regulations under the existing Family Act to the judiciary without delay, pending the introduction of a new Family Act.

"Our current objective is to revise the existing regulations and scrutinize the process of their creation, based on the premise that a specific issue can be addressed, which currently serves as the foundational law for another institution," the Chief Justice explained.

Finally, the Chief Justice stressed the importance of providing an appropriate environment for the resolution of family issues. He noted that certain laws mandate specific standards and characteristics for particular types of family case hearings.

He also drew attention to the current operational challenges of the Family Court. "Let's look at the existing Family Court, which is the only court in Greater Male' with jurisdiction to hear family cases. It operates in two areas of Male'. It rains inside both buildings, and it is so packed inside that the court staff have to work in very congested environments day and night,” the Chief Justice revealed.

The Chief Justice affirmed that despite the condition of the workplace, stagnation in addressing such issues is unacceptable.

Space constraints are a significant factor contributing to court delays. To address this, a Superior Court complex is planned for construction in Hulhumale'.