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Faiszer Mustapha presents dissolution of marriage, MMDA bills in parliament
View(s):New Democratic Front Member of Parliament Faiszer Mustapha this week presented a Private Member’s Bill in parliament detailing proposed amendments to the Muslim Marriage and Divorce Act to establish a minimum marriage age of 18, although judicial exemptions may be granted for individuals as young as 16 under strict safeguards.
The Muslim Marriage and Divorce Act (Amendment) mandates that a bride’s signature be required on official records to confirm her informed consent and awareness of her legal rights. Additionally, it requires Quazis to be qualified attorneys and removes gender restrictions to allow women to serve in these judicial roles.
The bill also seeks to improve access to justice by permitting legal representation in Quazi Courts and transferring maintenance disputes to the Magistrate’s Court for more efficient resolution.
Mr Mustapha also presented a bill titled the Dissolution of Marriages on the Ground of Irretrievable Breakdown which aims to introduce irretrievable breakdown as a formal legal basis for ending a marriage. Under this bill, spouses can jointly petition the District Court for a divorce if they can demonstrate that their relationship has permanently failed without any hope of reconciliation.
The process requires both parties to submit sworn affidavits and provide clear arrangements regarding alimony and child custody before a judge grants a decree. To ensure the welfare of the family, the court maintains the authority to request additional evidence or witnesses to confirm that the legal requirements are met.
Specifically, the legislation mandates that the best interests of minor children must remain the primary concern throughout the legal proceedings. While this act would amend the Marriage Registration Ordinance, it explicitly excludes those married under Kandyan or Muslim personal laws from these specific provisions.
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