Thrice-divorced ex-wife refuses to leave house after five years

Sentencing has been carried out concerning an issue presented to the High Court, where a thrice-divorced ex-wife has refused to leave the ex-husband's house for five years.

The first divorce settlement was carried out at an island's magistrate court on 22nd October 2019, with two more divorces following afterwards within five years. The ex-wife has refused to move out of the ex-husbands house after repeated requests. The ruling states that as the house is registered under the ex-husband's name and as there are no legal or judicial reasons for the ex-wife to remain in the house, she is to vacate the premises within 48 hours.

This issue was also put forth to the Magistrate Court on 27th January 2020, with the court ruling in favor of the ex-husband on 10th September 2020. That ruling was brought forward to the High Court by the ex-wife and sentenced on 11th July 2025, with the case having remained at the High Court for about five years.

The ex-wife told the court that she married her ex-husband for the third time under the condition that she won't be asked to vacate the house. As proof, the High Court asked their children to be present for the trial so that they can be questioned about the inner workings and environment of the household along with living situation of the family. The lower courts did not call upon the children regarding this matter when they wanted to offer proof.

The house in question was given to them during the island's housing scheme as they were a married couple when they applied and received the plot after they got the required points. Due to this, the ex-wife said that she holds a right to the plot at the time. However it was said that the ex-wife had no hand in the construction and expenditure of the house.

There was also no discussion during the trial as to the division of assets during the marriage. The couple themselves hadn't had that discussion prior to the trial as well.

The ex-wife stated that the Magistrates Court came to a conclusion without taking the aforementioned into account, with Islamic law needing to be looked into as well.

The High Court ruled that since the plot was given to the couple when they were married, the ex-wife would have a right to the plot. Referring to a Supreme Court ruling, the High Court ruled that the main basis for land acquisition is marriage and therefore the couple will have to participate in "acquiring land and rebuilding their lives".

However, as per a ruling from the High Court it's said that the ex-wife hadn't provided any written or oral evidence to the lower courts with accordance to the law. The ex-wife also said in High Court that she hadn't provided any evidence..

And so with the opinion of Judge Mohamed Faisal and the conclusion reached after a discussion between the other two sitting Judges, Judge Fathimath Faruheeza and Judge Huzaifa Mohamed ruled that there is no way to proceed with the appeal on the basis of the points made by the plaintiff alone.

While the Magistrate Court's ruling stands, thirty days are allowed in which the High Court's ruling can be appealed at the Supreme Court.