Court dismisses case filed by daughter against father for withholding consent to marry

A court has dismissed a case filed by an 18-year-old Maldivian woman against her father after he refused to grant consent for her marriage.

The case involved a young woman from an island in Lhaviyani Atoll who sought a court order appointing a guardian after her father declined to provide consent for her marriage. It was filed at a magistrate court in Laamu Atoll, as the woman intended to marry a man residing within that jurisdiction.

However, the court dismissed the case, ruling that it lacked jurisdiction to hear the matter. The court found that the respondent, the woman's father, resides in Lhaviyani Atoll and has neither legal residency nor any other jurisdictional connection to Laamu Atoll. As a result, the Laamu Atoll Magistrate Court was deemed to have no legal authority to adjudicate the case.

Under the Maldives' Family Act and regulations on marriage, a woman may seek judicial intervention—commonly referred to as a "guardianship case"—if her father refuses to consent to her marriage. Where a father, as the legal guardian, withholds consent without a valid reason, the woman may file a petition before the Family Court or the relevant Magistrate Court in her island.

During such proceedings, the court examines the reasons underlying the father's refusal. The presiding judge must determine whether the objections are based on valid grounds recognized under Islamic Shariah. In most cases, the court first seeks to resolve the matter amicably through counselling and mediation in an effort to secure the father's consent.

If the court determines that the father has withheld consent without a legitimate Shari'ah-compliant justification, it may authorize the marriage through 'Wali al-Hakim' (judicial guardianship), under which a judge assumes the role of guardian.

In cases where a father refuses to grant consent, the right of guardianship does not automatically pass to the next eligible male relative, such as a grandfather or brother. Any transfer of guardianship authority must be authorized by a court order, and an individual cannot unilaterally appoint a different legal guardian for the purpose of marriage.

When hearing such cases, the court must also be satisfied that the prospective groom possesses the religious and moral character.