Custody and maintenance of children - In case of dissolution of marriage, the responsibility for maintenance of the child is vested in the father regardless of whether the child is in his custody. Other cases only occur if the father is dead or missing. However, the Law Reform Commission proposed in its amendments to the Law of Marriage Act that the maintenance of children should be shared in cases where both parents are able and or have the means to do so. In Zanzibar, in cases of separation or divorce, the custody of children under the age of 7 years is given to the mother; the father is required to provide maintenance and in case of default is liable to be prosecuted. However, there is no law on marriage but it is taken care of by Islamic laws under Khadhi’s/Mufti’s Officers under the Ministry of Good Governance and Constitutional Affairs. In case of Christians churches are responsible and they are attend the matters fairly. Children born out of wedlock - Children born out of wedlock traditionally belong to the mother’s family and clan who have primary responsibility for the child. However there are procedures through which a father can legitimise his child. The child is then entitled to the father’s name and other rights as his legitimate child. This customary law presents difficulties for marriages contracted under religious rites and does not recognize illegitimate children. “ In Zanzibar care of the legitimate child should be provided by the father, and Zanzibar has no customary law. The Affiliation Act of 1949 was enacted to assist unwed mothers who could not afford to take care of their children. This law gives the woman the right to make a court application for maintenance against the putative father. The maintenance amount provided by the legislation is 100 Tanzania Shillings a month which is extremely low. Various institutions including the LRC, have urged the Government to amend and increase the amount to a suggested one eighth of the putative father’s gross salary. For the past few years, the courts have also taken note of the father’s income and been guided by it in maintenance. In Zanzibar, the father of a child born out of wedlock is also responsible for its maintenance. 26