MARRIAGE AND DIVORCE (KANDYAN) [Cap. 132 CHAPTER 132 · MARRIAGE AND DIVORCE (KANDYAN) [Cap.132...

AcsNos. 44 of 1952,

34 of 1954,22 of 1955,

LawNo. 41 of 1975.

MARRIAGE AND DIVORCE (KANDYAN) [Cap. 132

CHAPTER 132MARRIAGE AND DIVORCE (KANDYAN)

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO KANDYAN MARRIAGESAND DIVORCES, AND TO MAKE PROVISION FOR MATTERS CONNECTED THEREWITHOR INCIDENTAL THERETO.

Short title. 1. This Act may be cited as the KandyanMarriage and Divorce Act.

Application of 2. The provisions of this Act shall not,Act unless otherwise expressly provided therein,

apply to marriages contracted before theappointed date.

Marriagesbetweenpersons subjectto Kandyanlaw.

Lawful age ofmarriage.

3. (1) Subject to the provisions of thisAct—

(a) a marriage, between persons subjectto Kandyan law, shall besolemnized and registered underthis Act or under the MarriageRegistration Ordinance ; and -,

(b) any such marriage which is not sosolemnized and registered shall beinvalid.

(2) The fact that a marriage, betweenpersons subject to Kandyan law, issolemnized and registered under theMarriage Registration Ordinanceshall not affect the rights of suchpersons, or of other personsclaiming title from or through suchpersons, to succeed to propertyunder and in accordance with theKandyan law.

PARTI

VALIDITY OF KANDYAN MARRIAGES ANDLEGITIMIZATION OF ILLEGITIMATE

CHILDREN

4. (1) No Kandyan marriage shall bevalid if, at the time of marriage—

[1st August. 1954.]

(a) the male party thereto is under thelawful age of marriage; or

(b) the female party thereto is under thelawful age of marriage; or

(c) the male and female panics theretoare both under the lawful age ofmarriage.

(2) Notwithstanding anything insubsection (1), a Kandyan marriage shall bedeemed not to be or to have been invalidunder that subsection by reason of oneparty and one party only thereto being, atthe time of marriage, under the lawful ageof marriage—

(a) if both parties thereto cohabit ashusband and wife, for a period ofone year after the party aforesaidhas attained the lawful age ofmarriage; or

(b) if a child is born of the marriagebefore the party aforesaid hasattained the lawful age of marriage.

(3) Notwithstanding anything insubsection (1), a Kandyan marriage shall bedeemed not to be or to have been invalidunder that subsection by reason of bothparties thereto being, at the time ofmarriage, under the lawful age ofmarriage.—

(a) if both such parties cohabit ashusband and wife for a period ofone year after they both haveattained the lawful age of marriage;or

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Prohibiteddegrees ofrelationship.

Secondmarriagewithout legaldissolution offirst marriageinvalid.

Legitimizationof illegitimatechildren.

(b) if a child is born of the marriagebefore both or either of them haveattained the lawful age of marriage.

5. (1) No Kandyan marriage shall bevalid—

(a) if either party thereto is directlydescended from the other; or

(b) if the female party thereto is the sisterof the male party thereto either bythe full or the half-blood, or thedaughter of his brother or of hissister by the full or the half-blood,or a descendant from either ofthem, or the daughter of his wife byanother father, or his son's orgrandson's or father's orgrandfather's widow; or

(c) if the male party thereto is the brotherof the female party thereto either bythe full or the half-blood, or the sonof her brother or of her sister by thefull or the half-blood, or adescendant from either of them, orthe son of her husband by anothermother, or her deceased daughter'sor granddaughter's or mother's orgrandmother's husband.

(2) No marriage or cohabitation shalltake place between persons who, beingsubject to Kandyan law, stand towards eachother in any of the degrees of relationshipspecified in paragraph (a) or paragraph (b)or paragraph (c) of subsection (1) of thissection ; and in the event of any marriage orcohabitation between such persons, eachsuch person shall be guilty of an offenceunder this Act. .

6. No Kandyan marriage shall bevalid—

(a) if one party thereto has contracted aprior marriage; and

(b) if the other party to such priormarriage is still living,

unless such prior marriage has been lawfullydissolved or declared void.

7. A valid Kandyan marriage shallrender legitimate any children who may

have been procreated (whether before orafter the appointed date) by the partiesthereto previous to such marriage andchildren so legitimized shall be entitled tothe same and the like rights as if they hadbeen procreated by the parties theretosubsequent to such marriage.

PART II

CONSENT To MARRIAGE

8. (I) The consent of a competentauthority is hereby required to the marriageunder this Act of a minor subject toKandyan law.

(2) For the purposes of this Act, theexpression " competent authority", inrelation to a minor, means—

(a) the father of the minor; or.

(b) if the father is dead, or is under anylegal incapacity, or is unable to giveor refuse his consent by reason ofabsence from Sri Lanka, the motherof the minor; or

(c) if both the father and mother of theminor are dead, or are under anylegal incapacity, or are unable togive or refuse consent by reason ofabsence from Sri Lanka, theguardian or guardians of the minorappointed by the father or, if thefather is dead, or is under any legalincapacity, by the mother or, if themother is dead, or is under anylegal incapacity, by a competentcourt; or

(d) if both the father and mother of theminor are dead, or are under anylegal incapacity, or are unable togive or refuse consent by reason ofabsence from Sri Lanka, and iffurther—

(i) no guardian or guardians of theminor has or have beenappointed by the father,mother or a competent court;or

(ii) the guardian or guardians soappointed is or are dead, or isor are under any legal

Consentrequired tomarriage ofminor.

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MARRIAGE AND DIVORCE (KANDYAN) [Cap.132

incapacity, or is or are unable (6) The notice-to give or refuse consent byreason of absence from SriLanka,

the District Registrar for the district inwhich the minor resides.

Authority to 9. Any competent authority whosegive or refuse consent to. the marriage of a minor isconsent.

required under the last preceding sectionmay give or refuse such consent as to suchauthority may seem fit.

Consent of 10. (1) A District Registrar shall, if he isDistrict a competent authority in relation to aRegistrar. . . . . ,. ,. .minor, entertain any application made

under this section for his consent to themarriage of that minor under this Act.

(2) The application shall be made bymeans of a written petition either by theminor or by any other person "interested inthe marriage of the minor.

(3) The petition shall bear a stamp orstamps of the prescribed value which shallbe supplied by the applicant.

(4) The petition—

(a) shall be in the prescribed form;

(b) shall state the name and address ofthe applicant;

(c) shall state in what capacity he makesthe application;

(d) shall, if the applicant is merely aperson interested in the marriage ofthe minor, state the name andaddress of the minor;

(e) shall contain such other particulars asmay be prescribed ; and

(f) shall be signed by the applicant.

(5) Upon the receipt of the petition, theDistrict Registrar shall forthwith cause anotice to be served upon the applicant and,if the applicant is merely a person interestedin the marriage of the minor, upon theminor.

(a) shall indicate that at a time and datespecified in the notice the DistrictRegistrar will attend at his office orat such other place as may bespecified therein for the purpose ofdisposing of such application; and

(b) shall call upon the person to whomthe notice is addressed to appearbefore the Registrar along with hiswitnesses, if any, on the date and atthe time and place so indicated.

(7) The District Registrar shall attend onthe date and at the time and place indicatedin the notice and shall dispose of theapplication after such summary inquiry ashe may deem necessary either on that dateor on any other date to which he mayadjourn or postpone the inquiry. TheRegistrar shall communicate his decision inwriting to the applicant and, if the applicantis merely a person interested in the marriageof the minor, to the minor.

(8) Before disposing of the applicationthe District Registrar shall give theapplicant and, if the applicant is merely aperson interested in the marriage of theminor, the minor and their respectivewitnesses, if any, an opportunity of beingheard.

(9) The District Registrar shall keep arecord in writing of all proceedings taken byhim under this section for the purpose ofdisposing of the application.

11. (1) An appeal against the refusal of Appeals.a competent authority to give his consent tothe marriage of a minor under this Act shalllie to the District Court having jurisdictionin the area in which the minor resides.

(2) The appeal shall be preferred bymeans of a written petition either by theminor»or by any other person interested inthe marriage of the minor:

Provided, however, that no appeal againstthe refusal to give his consent by a DistrictRegistrar in his capacity as a competentauthority in relation to the minor may bepreferred by any person who is merely a

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person interested in the marriage of theminor unless the application for suchconsent was made by that person.

(3) The petition of appeal shall bear astamp or stamps of the prescribed valuewhich shall be supplied by the appellant.

(4) The petition of appeal—


(b) shall state the name and address ofthe appellant;

(c) shall state the name and address ofthe competent authority againstwhose decision the appeal ispreferred;

(d) shall state in what capacity he makesthe appeal;

(e) shall, if the appellant is merely aperson interested in the marriage ofthe minor, state the name andaddress of such minor;

(f) shall contain such other particulars asmay be prescribed ; and

(g) shall be signed by the appellant.

(5) Where an appeal is preferred underthis section against the decision of a DistrictRegistrar in his capacity as a competentauthority, the petition of appeal shall in thefirst instance be forwarded to that Registrar.Such Registrar shall forthwith, upon thereceipt of the petition, forward it to theDistrict Court along with the relevantrecord kept by him under section 10.

Power of court 12. (1) Subject to the provisions ofon appeals, subsection (2), a District Court may, in its

absolute discretion, on any appeal againstthe refusal of a competent authority to givehis consent to the marriage of a minorunder this Act, make order—

(a) confirming the decision of suchauthority; or

(b) setting aside that decision andconsenting to the marriage.

(2) No order shall be made by a DistrictCourt under subsection (1) (b) of thissection unless the court'is satisfied that therefusal of a competent authority to consentto the marriage of a minor under this Act isunreasonable,

(3) The District Court shall cause a copyof the order to be served upon the appellant,the competent authority and, if theappellant is merely a person interested in themarriage of the minor, upon the minor.

(4) The decision of a District Court underthis section on any appeal shall be final andconclusive and shall not be subject toappeal.

13. Before disposing of any appealunder this Part, a District Court shall givethe parties thereto including the minor towhose marriage the appeal relates and theirrespective witnesses, if any, an opportunityof being heard.

Parties to begiven anopportunity ofbeing heard,

14. At the hearing of any appeal to a Procedure athearing ofappeals.

District Court under this Part, theprocedure to be followed shall, save ashereinbefore provided and subject to anyrules made by the Supreme Court for thepurposes of this Act, be such as the courtmay direct either generally or in anyparticular case.

15. Where, on any appeal under this Effect of orderPart, a District Court makes order setting of courtaside the decision of a competent authorityand consenting to the marriage of a minor,the consent of that authority required bythis Act for the marriage of that minor shallbe deemed for all the purposes of this Act tohave been given with effect from the date ofthe order.

PART III

REGISTRATION OF KANDYAN MARRIAGES

16. Every prospective Kandyan Notice ofprospectiveKandyanmarriage.

marriage shall be notified to the appropriateRegistrar hereinafter specified by the serviceof notice thereof on such Registrar ashereinafter provided:—

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(1) Where both parties thereto haveresided in the same division for a period ofnot less than ten days reckoned from thedate of service of the notice, one partythereto shall serve notice thereof on theDivisional Registrar for that division or onthe District Registrar for the district inwhich that division is situated.

(2) Where both parties thereto haveresided in different divisions for the periodreferred to in paragraph (1) of this section,each party thereto shall serve notice thereofon the Divisional Registrar for the divisionin which that party so resided or on theDistrict Registrar for the district in whichthat division is situated :

Provided that where both such divisionsare situated in the same district, notice ofthe marriage shall, instead of being servedby each party thereto on the DistrictRegistrar for that district under thepreceding provisions of this section, beserved by one such party on that DistrictRegistrar.

(3) Where only one party thereto hasresided in any division for the periodreferred to in paragraph (1) of this section,that party shall serve notice thereof on theDivisional Registrar for that division or onthe District Registrar for the district inwhich that division is situated.

(4) Where both parties thereto have notresided in any division for the periodreferred to in paragraph (1) of this section,one such party, being a party who hasresided in a division for a period of not lessthan four days reckoned from the date ofservice of the notice, shall serve noticethereof on the Divisional Registrar for thatdivision or on the District Registrar for thedistrict in which that division is situated.

(5) In the event of the absence from SriLanka of one party thereto the other partymay give notice thereof under paragraph (3)or paragraph (4) of this section inanticipation of the arrival in Sri Lanka ofsuch party.

(6) The notice shall be substantially in theprescribed form, and—

(a) shall state—

(i) the name in full (including, if it isdifferent, the name by whichthe party is commonlyknown), age, occupation orcalling, civil condition(whether unmarried, widowedor divorced) and place ofresidence of each partythereto;

(ii) the nature of the marriage(whether in binna or diga);and

(iii) the length of residence of eachparty thereto in the district ordivision, as the case may be,of that Registrar;

(b) shall bear on its face or have attachedthereto the written consent of anyperson whose consent to themarriage is required by this Act;

(c) shall contain a declaration madeunder paragraph (7) of this sectionand a certification by endorsementmade under paragraph (9) of thissection;

(d) shall bear a stamp or stamps of theprescribed value which shall besupplied by the party serving thenotice; and

(e) shall be signed by that party.

(7) Before the notice is served on aRegistrar by a party thereto, that party shallappear in person before the Registrar and,in the presence of the Registrar and twowitnesses, make and subscribe a declarationto the following effect:—

(a) that to the best of that party'sknowledge and belief the particularsstated in the notice are true andcorrect;

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(b) that there is no lawful impediment (c)or other lawful hindrance to themarriage;

Entry andpublication ofnotice ofKandyanmarriage.

(c) that neither party thereto is a minoror that both parties thereto areminors or that one party thereto isa minor; and

(d) that the consent of any personthereto is required by this Act andthat such consent has been obtainedor that the consent of any personthereto is not required by this Act.

(8) The witnesses to the declaration shall bepersons who are personally known to theparty and, if the party is not known to theRegistrar, to the Registrar. The name infull, occupation or calling and place ofresidence of each witness shall be entered atthe foot of the declaration.

(9) After the declaration has been madeand subscribed by a party thereto, theRegistrar shall certify by endorsement at thefoot of the declaration—

(a) that the party is not known to theRegistrar and that the witnesses areknown to the Registrar or that suchparty is known to the Registrar;

(b) that the witnesses have declared tohim that they are personally knownto such party; and

(c) that the declaration was made andsubscribed by the party in thepresence of the Registrar.

17. A Registrar shall, on the service onhim of notice of a prospective Kandyanmarriage, forthwith comply with thefollowing provisions:—

(a) The Registrar shall file such noticeand keep it with the records of hisoffice.

(b) The Registrar shall enter in hisMarriage Notice Register such ofthe particulars specified in thenotice as may be prescribed(hereinafter referred to as the"marriage notice entry ").

The Registrar shall publish thenotice by exhibiting or causing tobe exhibited a true copy of thenotice or of a prescribed extractthereof at some conspicuous placein his office for a continuous periodof at least twelve days reckonedfrom the date of the marriage noticeentry.

(d) Where both parties to the marriageresided in different divisions for theperiod referred to in paragraph (2)of section 16, the Registrar shall—

(i) if he is a Divisional Registrar;or

(ii) if he is a District Registrar andif any one of such divisions isnot situated in his district,

furnish a certified copy of the notice to the party by whom the notice

was served.

18. The following provisions shall applyin any case where notice of a prospectiveKandyan marriage has been served on aRegistrar under this Act:—

(1) Subject as hereinafter provided, the-Registrar shall, upon applicationmade in that behalf by a partythereto, issue to that party a.certificate (hereinafter referred to asa " marriage notice certificate ") inrespect of the marriage.

(2) The Registrar shall not issue themarriage notice certificate—

(a) if any lawful impediment orother lawful hindrance to theissue thereof has been shownto him; or

(b) if, being a District Registrar,any objection to the issuethereof has been made to himunder this Act, unless anorder overruling thatobjection has been made byhim under section 21; or

(c) if, being a DivisionalRegistrar, any such objection

Issue ofcertificates inrespect ofKandyanmarriages.

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has been made to him, exceptupon the receipt by him of acertified copy of an orderunder section 21 overrulingthat objection.

(3) Where the provisions of paragraph(1) or paragraph (3) or paragraph(4) of section 16 apply in the case ofthe marriage, the Registrar—

(a) if he is a District Registrar,shall not issue the marriagenotice certificate—

(i) before the expiry of aperiod of twelve daysreckoned from the dateof the marriage noticeentry made by him inrespect thereof, unless aparty thereto makesapplication in thatbehalf and also makesand subscribes thedeclaration required byparagraph (5) of thissection; or

(ii) after the expiry of aperiod of three monthsreckoned from thatdate; and

(b) if he is a Divisional Registrar,shall not issue the marriagenotice certificate—

(i) before the expiry of aperiod of twelve daysreckoned from the dateof the marriage noticeentry made by him inrespect thereof, exceptunder the authority of aspecial licence issuedunder section 19; or

(ii) after the expiry of aperiod of three monthsreckoned from that date.

(4) Where the provisions of paragraph(2) of section 16 apply in the case ofthe marriage, the Registrar—

(a) if he is a District Registrar inwhose district both partiesthereto resided for the periodreferred to in that paragraph,shall not issue the marriagenotice certificate—

(i) before the expiry of aperiod of twelve daysreckoned from the dateof the marriage noticeentry made by him inrespect thereof, unless aparty thereto makesapplication in thatbehalf and also makesand subscribes thedeclaration required byparagraph (5) of thissection; or

(ii) after the expiry of aperiod of three monthsreckoned from thatdate; and

(b) if he is a Divisional Registrar,shall not issue the marriagenotice certificate—

(i) except upon theproduction of a certifiedcopy of the noticethereof served on anyother Registrar underthat paragraph; or

(ii) before the expiry of aperiod of twelve daysreckoned from the dateof the marriage noticeentry made by him inrespect thereof or fromthe date of the marriagenotice entry made bysuch other Registrar inr e s p e c t t h e r e o f ,whichever date is later,except under theauthority of a speciallicence issued undersection 19 or upon theproduction : of am a r r i a g e n o t i c ecertificate issued by such

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other Registrar inrespect of the marriage ;or

(iii) after the expiry of aperiod of three monthsreckoned from the earlierof the two dates referredto in the last precedingsub-paragraph of thisparagraph; and

if he is a District Registrar inwhose district only one partythereto resided for the periodreferred to in that paragraph,shall not issue the marriagenotice certificate—

(i) e x c e p t u p o n t h eproduction of a certifiedcopy of the noticethereof served on anyother Registrar underthat paragraph; or

(ii) before the expiry of aperiod of twelve daysreckoned from the dateof the marriage noticeentry made by him inrespect thereof or fromthe date of the marriagenotice entry made bysuch other Registrar inr e s p e c t t h e r e o f ,whichever date is later,unless a party theretomakes application inthat behalf and alsomakes and subscribesthe declaration requiredby paragraph (5) of thissection or produces am a r r i a g e n o t i c ecertificate issued by sucho t h e r R e g i s t r a r inrespect of the marriage ;or

(iii) after the expiry of aperiod of three monthsreckoned from theearlier of the two datesreferred to in the lastpreceding sub-paragraph.

(5) Any party to the marriage who desiresto obtain a marriage noticecertificate from a District Registrarbefore the expiry of the periodreferred to in paragraph (3) (a) (i)or paragraph (4) (a) (i) orparagraph (4) (c) (ii) of this sectionshall appear in person before thatRegistrar and make and subscribe adeclaration to the followingeffect :—

(i) that there is no lawfulimpediment or other lawfulhindrance to the marriage;and

(ii) that the consent of any personto the marriage is required bythis Act and that such consenthas been obtained or that theconsent of any person to themarriage is not required bythis Act.

The declaration shall bear astamp or stamps of the prescribedvalue which shall be supplied by theparty making the declaration.

(6) A marriage notice certificate issuedby a Registrar under this section—


(b) shall contain the prescribedparticulars; and

(c) shall be signed by theRegistrar.

19. (1) The following provisions shallapply in the case of a prospective Kandyanmarriage in respect of which a speciallicence is required for the issue of amarriage notice certificate before the expiryof the period referred to in paragraph (3) (b)(i) of section 18 ;—

(a) Where notice of the marriage hasbeen served upon the DivisionalRegistrar for a division underparagraph (1) or paragraph (3) orparagraph (4) of section 16, a partyto the marriage may apply to theDistrict Registrar in whose districtthat division is situated or to such

Special licencesfor issue ofmarriage noticecertificates.[§6, Law 41 of1975.J

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Divisional Registrar for a speciallicence authorizing such DistrictRegistrar or Divisional Registrar toissue a certificate before the expiryof that period.

(b) Subject as hereinafter provided, theDistrict Registrar or suchDivisional Registrar shall, upon thereceipt of the application, issue thelicence.

(c) The District Registrar or suchDivisional Registrar shall not issuethe licence—

(i) if any lawful impediment orother lawful hindrance to theissue of the certificate hasbeen shown to him; or

(ii) if any objection has been madeunder this Act to the issue ofthe certificate, unless an orderhas been made under section21 overruling that objection.

(d) The District Registrar or suchDivisional Registrar shall not issuethe licence except upon theproduction of a certified copy of thenotice served on the. DivisionalRegistrar.

(e) The District Registrar or suchDivisional Registrar shall not issuethe licence unless the applicanttherefor makes and subscribes thedeclaration required by subsection(3) of this section.

(2) The following provisions shall applyin the case of a prospective Kandyanmarriage in respect of which a speciallicence is required for the issue of marriagenotice certificates before the expiry of theperiod referred to in paragraph (4) (b) (ii) ofsection 18:—

(a) Where notice of the marriage hasbeen served upon two DivisionalRegistrars under paragraph (2) ofsection 16, a party to the marriagemay apply to the District Registrarin whose district the division ofeither such Divisional Registrar issituated, or to either of such

Divisional Registrars, for a speciallicence authorizing each suchDivisional Registrar to issue acertificate before the expiry of thatperiod.

(b) Subject as hereinafter provided, theDistrict Registrar or either of suchDivisional Registrars shall, uponthe receipt of the application, issuethe licence.

(c) The District Registrar or suchDivisional Registrar shall not issuethe licence—

(i) ..if any lawful impediment orother lawful hindrance to theissue of either such certificatehas been shown to him, or

(ii) if any objection has been madeunder this Act to the issue ofeither such certificate, unlessan order has been made undersection 21 overruling thatobjection.

(d) The District Registrar or suchDivisional Registrar shall not issuethe licence except upon theproduction of a certified copy of thenotice served on each suchDivisional Registrar.

(e) The District Registrar or suchDivisional Registrar shall not issuethe licence unless the applicanttherefor makes and subscribes thedeclaration required by subsection(3) of this section.

(3) Before a special licence is issued, oneof the parties to the intended marriage shallappear in person before the DivisionalRegistrar or the District Registrar, or wherenotice has been given to two DivisionalRegistrars, before either of the twoRegistrars and make and subscribe a writtendeclaration to the following effect;—

(a) that there is no lawful impediment orother lawful hindrance to themarriage;

(b) that the consent of any person to themarriage is required by this Act and

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Objections toissue ofmarriage noticecertificates.

that such consent has been obtainedor that the consent of any person tothe marriage is not required by thisAct; and

(c) that no objection to the issue of thecertificate has been made under thisAct or that any such objection hasbeen made but has been overruledby order made under section 21.

(4) Where the declaration is made beforethe District Registrar it shall bear stamps tothe value of thirty rupees to be supplied bythe party making the declaration and wherethe declaration is made before theDivisional Registrar it shall be accompaniedby a receipt issued by the District Registrarin proof of payment of a sum of thirtyrupees.

20. (1) Any person—

(a) being a person whose consent to aKandyan marriage is required bythis Act; or

(b) being a person who is interested insuch marriage,

may object in writing to the issue of amarriage notice certificate in respect thereof.

(2) Every objection to the issue of such acertificate—

(a) shall be made to the Registrar who isempowered by this Act to issue thecertificate;

(b) shall be substantially in the prescribedform;

(c) shall state—

(i) the name and address of theobjector;

(ii) whether the objector makes theobjection in his capacity as aperson whose consent to themarriage is required by thisAct or as a person who isinterested in the marriage;and

(iii) the ground or grounds on whichthe objection is made ; and

(d) shall be signed, in the presence ofsuch Registrar, by the objector andtwo credible witnesses who areknown to such objector.

21. (1) Upon the receipt of an objection Inquiries intoto the issue of a marriage notice certificate, objetions toa Registrar shall, if he is a Divisional

marriage noticeRegistrar, forthwith forward such objection certificates.to the District Registrar for the district inwhich his division is situated.

(2) Upon the receipt of an objection tothe issue of a marriage notice certificate inrespect of any prospective Kandyanmarriage, made or forwarded to him undersection 20 or under this section, a DistrictRegistrar shall forthwith cause a notice tobe served upon each party to the marriageand the objector.

(3) The notice—

(a) shall state the nature of the objectionto the issue of the certificate ;

(b) shall indicate that at a time and datespecified in the notice the DistrictRegistrar will attend at his office orat such other place as he mayspecify in the notice for the purposeof hearing such objection; and

(c) shall call upon the person to whomthe notice is addressed to appearbefore the District Registrar alongwith his witnesses, if any, on thedate and at the time and place soindicated.

(4) The District Registrar shall attend onthe date and at the time and place indicatedin the notice and shall make orderupholding or overruling the objection aftersuch summary inquiry as he may deemnecessary either on that date or on anyother date to which he may adjourn orpostpone the inquiry.

(5) The District Registrar shall cause acertified copy of the order to be served oneach party to the inquiry and, if the

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imojani Premaratne

issue of


marriages.

objection was forwarded to him by aDivisional Registrar under this section, onthe Divisional Registrar.

(6) Before disposing of the objection, theDistrict Registrar shall give the objector,each party to the marriage and theirrespective witnesses, if any, an opportunityof being heard,

(7) A District Registrar shall keep arecord in writing of all proceedings taken byhim under this section for the purpose ofdisposing of an objection to the issue of amarriage notice certificate.

Solemnization 22. (1) A Registrar, on whom notice ofof Kandyan 3 prospective Kandyan marriage has been

served under this Act, shall, unless there isany lawful impediment or other lawfulhindrance to the marriage, solemnize themarriage in the manner hereinafter providedupon the production by the parties to themarriage of the following document ordocuments, as the case may be:—

(a) where the provisions of paragraph (1)or paragraph (3) or paragraph (4)of section 16 apply in the case ofthe marriage, upon the productionof the marriage notice certificateissued by such Registrar;

(b) where such Registrar is a DistrictRegistrar and where both parties tothe marriage resided in differentdivisions (being divisions situated inhis district) for the period referredto in paragraph (2) of section 16,upon the production of themarriage notice certificate issued byhim;

(c) where such Registrar is a DistrictRegistrar and where both parties tothe marriage resided in differentdivisions (one of which is notsituated in his district) for theperiod referred to in paragraph (2)of section 16, upon the productionof the following marriage noticecertificates, namely, the marriagenotice certificate issued by suchRegistrar and the marriage noticecertificate issued by any other

Registrar on whom notice of themarriage was served under thatparagraph;

(d) where such Registrar is a DivisionalRegistrar and where the provisionsof paragraph (2) of section 16 applyin the case of the marriage, uponthe production of the followingmarriage notice certificates, namely,the marriage notice certificateissued by such Registrar and themarriage notice certificate issued byany other Registrar on whom noticeof the marriage was served underthat paragraph.

(2) The marriage shall be solemnized bythe Registrar—

(a) in the presence of both parties to themarriage and two witnesses ;

(b) in any authorized place;

(c) at any time between the authorizedhours on any day; and

(d) in accordance with the provisions ofsubsection (3) of this section.

(3) Such marriage shall be solemnized—

(a) by the Registrar asking the male partyto the marriage, and at the sametime causing such party to take thefemale party by the hand, " Do youtake this woman (her name in fullmust be mentioned) to be yourwedded wife ? "; and

(b) after such male party has answeredthe question in the affirmative, bythe Registrar asking the femaleparty to the marriage, and at thesame time causing her to take themale party by the hand, " Do youtake this man (his name in full mustbe mentioned) to be your weddedhusband ? "; and

(c) by the female party answering thequestion in the affirmative.

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Registration ofKandyanmarriages.

23. (1) I m m e d i a t e l y a f t e r thesolemnization of a Kandyan marriage by aRegistrar under section 22, the Registrarshall comply with the followingprovisions:—

(a) The Registrar shall register accuratelyin his Marriage Register thefollowing particulars relating to themarriage;—

(i) the name in full, age, civilcondition (whether unmarried,widowed or divorced),occupation or calling andplace of residence of eachparty to the marriage ;

(ii) the nature of the marriage(whether in binna or diga)which the Registrar is herebyrequired to ascertain from theparties thereto prior tomaking the entry ; and

(iii) the name in full, occupation orcalling and place of residenceof each witness to themarriage.

(b) The Registrar shall cause themarriage registration entryconsisting of the particularsregistered in his Marriage Registerunder the preceding provisions ofthis section (hereinafter referred toas the " marriage registrationentry ") to be signed by both partiesand the witnesses to the marriage.

(c) After the marriage registration entryhas been signed by both parties andthe witnesses to the marriage, theRegistrar shall, after satisfyinghimself that the particulars relatingto the marriage stated in themarriage registration entrycorrespond with the particulars inthe marriage notice certificate orcertificates, as the case may be,issued under this Act in respect ofthe marriage, append his ownsignature to the entry.

(d) If the signature of any person in themarriage registration entry appearsto the Registrar to be illegible, or if

any person instead of signing suchentry has affixed his thumbimpression, the Registrar shall writethe name of such person above suchsignature or thumb impression, asthe case may be.

(2) The marriage registration entry—

(a) shall be prepared in triplicate, that isto say, the original, the second copy(hereinafter referred to as the" duplicate"), and a third copywhich shall bear an endorsementunder the hand of the registrar tothe effect that it is issued undersection 23A; and

(b) shall be made—

(i) in the presence of both partiesand the witnesses to themarriage;

(ii) in any authorized place; and

(iii) at any time between theauthorized hours on any day.

(3) The marriage registration entry madeunder this section in respect of the marriageshall for all purposes constitute theregistration of the marriage.

23A. The third copy referred to in thepreceding section shall forthwith, free ofcharge, be delivered or transmitted by postto the female party to the marriage by theregistrar.

24. (1) For the purposes of this Act, aKandyan marriage shall be deemed to besolemnized and registered in an authorizedplace and between the authorized hours onany day—

(a) if the marriage is solemnized andregistered by a District Registrar—

(i) in his office at any time betweenthe hours of 6 a.m. and 6 p.m.on that day; or

(ii) in such other place at any timeon that day as he may in hisabsolute discretion determine

[§6, Law 41 of1975.]

Issue of copyof marriageregistrationentry free.[§6, Law 41 of1975.]

Whatconstitutessolemnizationandregistration ofKandyanmarriages inauthorizedplaces andbetweenauthorizedhours.[§6, Law 41 of1975.]

VI/242


Resolution ofdoubts.[§6, Law 41 of1975.]

Transmissionof duplicates ofentries madeby Registrars.

so to do upon written.application made in thatbehalf by a party to themarriage; or

(b) if the marriage is solemnized andregistered by a DivisionalRegistrar—

(i) in his office at any time betweenthe hours of 6 a.m. and 6 p.m.on that day; or

(ii) in such other place at any timeon that day as the DistrictRegistrar in whose districtnotice of the marriage hasbeen given may authorize theDivisional Registrar so to doupon written applicationmade in that behalf by a partyto the marriage.

(2) Every application authorized to bemade under the preceding provisions of thissection shall bear a stamp or stamps of theprescribed value.

24A. For the resolution of any doubts,it is hereby declared, that, notwithstandinganything to the contrary in section 24,where any Kandyan marriage has, beforethe 1st day of November, 1978, beensolemnized and registered between the hoursof 6 a.m. and 6 p.m. at any place outside theoffice of a District Registrar or DivisionalRegistrar, such solemnization andregistration shall be deemed to be as validand effectual, as if it has been solemnizedand registered between the hours of 6 a.m.and 6 p.m. in the office of the DistrictRegistrar or the Divisional Registrar.

25. (1) Every Divisional Registrar shall,in respect of each month, send to theRegistrar-General through the DistrictRegistrar in whose district his division issituated for custody in the office of theRegistrar-General—

(a) the duplicate of every marriageregistration entry made by suchDivisional Registrar during thatmonth; and

(b) if no such registration entry was madeby him during that month, acertificate to that effect:

Provided that a Divisional Registrar shallsend that duplicate or certificate direct tothe Registrar-General, if such Registrar is sodirected in writing by the Registrar-General.

(2) Every District Registrar shall, inrespect of each month, send to theRegistrar-General for custody in his office—

(a) the duplicate of every marriageregistration entry made by suchDistrict Registrar during thatmonth; and

(b) if no such entry was made during thatmonth, a certificate to that effect.

(3) The Registrar-General shall, upon thereceipt of any document sent to him underthe preceding provisions of this section,cause such document to be filed andpreserved in his office.

26. (1) Where the original of a marriageregistration entry under this Act is lost,damaged, has become illegible or is indanger of becoming illegible, and theduplicate is available, the Registrar-Generalmay, after due inquiry, cause to besubstituted therefor, a copy of the duplicatecertified by him to have been made afterverification with the duplicate and to be atrue copy of the duplicate. Every such copyshall replace the original and shall, for allpurposes, be deemed to be the original ofthe marriage registration entry.

(2) Where the duplicate of a marriageregistration entry under this Act is lost,damaged, has become illegible or is indanger of becoming illegible and theoriginal is in the custody of a Registrar, theRegistrar-General may, after due inquiry,cause to be substituted therefor a copy ofthe original, certified by the Registrar tohave been made after verification with theoriginal and to be a true copy of the originaland, if such Registrar is a DivisionalRegistrar countersigned by the DistrictRegistrar in whose district the division ofsuch Divisional Registrar is situated. Every

Replacementof original orduplicatemarriageregistrationentry in certaincircumstances.[§6, Law 41 of1975.]

VI/243


Consequencesof delay insolemnizationandregistration ofKandyanmarriages.

Registration toconstitute bestevidence ofmarriage.

such copy shall replace the duplicate andshall, for all purposes, be deemed to be theduplicate of the marriage registration entry.

(3) Where both the original and theduplicate of a marriage registration entryunder this Act are lost, damaged, havebecome illegible or are in danger ofbecoming illegible, the provisions of section13 of the Births and Deaths RegistrationAct shall, mutatis mutandis, apply to and inrelation to the substitution of copies of suchoriginal and duplicate. Such copies shallreplace the original and duplicate and shall,for all purposes, be deemed to be theoriginal marriage registration entry and theduplicate of the marriage registration entry,respectively.

27. (I) Where a prospective Kandyanmarriage is not solemnized and registered—

(a) before the expiry of a period of threemonths reckoned from the date ofthe marriage notice entry in respectthereof made by a Registrar underthis Act; or

(b) if a marriage notice entry in respectthereof has been made by each oftwo Registrars under this Act,before the expiry of a period ofthree months reckoned from thedate of the earlier of such entries,

the notice or notices and entry or entries, asthe case may be, in respect thereof, andevery certificate, licence and other documentgranted or issued in pursuance thereof, shallbe null and void and of no effect for thepurposes of this Act.

(2) The time taken up in disposing of anyobjection made under this Act against theissue of a marriage notice certificate shallnot be taken into account for the purpose ofthe computation of the period of threemonths referred to in subsection (1) of thissection or in section 18.

28. (1) The registration under this Actof a Kandyan marriage shall be the bestevidence of the marriage before all courtsand in all proceedings in which it may benecessary to give evidence of the marriage.Where the marriage registration entry,which under section 23 (3) constitutes such

registration, does not indicate whether themarriage was contracted in binna or diga,the marriage shall be presumed to have beencontracted in diga until the contrary isproved.

(2) For the purposes of subsection (1) ofthis section—

(a) the copy, substituted under subsection(1) of section 26, for the originalentry made by a Registrar in hisMarriage Register; and

(b) the copy, substituted under subsection(2) of section 26, for the duplicateentry made by a Registrar in hisMarriage Register,

shall be deemed to be an original entrymade by the Registrar in such register.

29. After the solemnization andregistration of a Kandyan marriage—

(1) it shall not be necessary, in supportthereof, to prove—

(a) that any party thereto actuallyresided in any division ordistrict specified in the noticeof marriage or that any suchparty so resided for the periodso specified;

(b) the consent thereto of any personwhose consent was requiredby this Act; and

(c) that the marriage was solemnizedand registered in anauthorized place and at anytime between the authorizedhours on any day;

and

(2) no evidence shall be given in any suitor other proceedings touching thevalidity of such marriage to prove—

(a) that any party thereto did notactually reside in the divisionor district specified in the

notice of marriage or that anysuch party did not so residefor the period so specified;

(b) that the consent of any personwhose consent thereto wasrequired by this Act was notobtained and

Proof ofcertain mattersnot requiredonce Kandyanmarriage isregistered.

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Mode ofrectifyingfailures toregister, anderrors inregistration of,Kandyanmarriages.

(c) that the marriage was notsolemnized and registered inan authorized place and atany time between theauthorized hours on any day.

30. (1) Where a Kandyan marriage hasnot been registered or has been incorrectlyregistered, a party thereto may apply to theRegistrar-General to have the marriageregistered or correctly registered, as the casemay be. Such application shall be verifiedby an affidavit made by that party.

(2) Upon the receipt of an applicationunder subsection (1) of this section, theRegistrar-General shall cause a notice to beserved upon the applicant and upon suchother persons as he may deem fit. Suchnotice shall—

(a) indicate that at a time and datespecified in such notice theRegistrar-General will attend at hisoffice or at such other place as hemay specify in the notice for thepurpose of hearing the application;and

(b) calling upon the person to whom thenotice is addressed to appear beforehim on the date and at the time andplace so indicated.

The Registrar-General shall also cause tobe published, in a conspicuous place at hisoffice, a notice specifying the particulars setout in paragraph (a) and calling upon allpersons interested in the application, if theyso desire, to appear before him on the dateand at the time and place indicated in thenotice.

(3) The Registrar-General shall attend onthe date, and at the time and place,indicated in the notice and dispose of theapplication after such summary inquiry ashe may deem necessary, either on that dateor on any other date to which he mayadjourn or postpone the inquiry.

(4) Before disposing of the application,the Registrar-General shall give each partyon whom notice of the application has beenserved and his witnesses, if any, as well aseach person who appears in response to thenotice published under subsection (2) anopportunity of being heard.

(5) In disposing of the application theRegistrar-General shall make order allowingor disallowing the application. Such ordershall—

(i) if the application is for the registrationof the marriage, require aDivisional Registrar or DistrictRegistrar for the division or district,as the case may be, in which themarriage was contracted to registerthe marriage; or

(ii) if the application is for the correctregistration of the marriage, direct aDivisional Registrar or DistrictRegistrar for the division or district,as the case may be, in which themarriage was incorrectly registeredto correctly register the marriage.

(6) No application for the registration orcorrect registration, as the case may be, of aKandyan marriage shall be allowed by theRegistrar-General under this section unlesshe is satisfied that the marriage wasotherwise duly contracted and that theomission to register, or the incorrectregistration of, the marriage was not due toany act, default or neglect of either partythereto.

(7) Every Registrar shall comply with anyorder issued to him by the Registrar-General under this section.

(8) The Registrar-General shall keep arecord in writing of all proceedings taken byhim under this section for the purpose ofdisposing of any application.

(9) The powers conferred on theRegistrar-General by the precedingprovisions of this section may be exercisedby any District Registrar generally orspecially authorized in that behalf by theRegistrar-General.

31. (I) Where, by virtue of any Orderunder section 40, any area which is situatedwithin any division (hereinafter referred toas the " old division ") becomes, with effectfrom the date specified in that Order, aseparate division or a part of any otherexisting division (hereinafter referred to asthe " new division "), and where, before that

Issue ofmarriage noticecertificates andsolemnizationandregistration ofKandyanmarriages uponalteration ofdivisions.

VI/245


Grounds fordivorce.

date, notice of a prospective Kandyanmarriage is given by a party resident in thatarea, but the marriage notice certificate isnot issued under section 18 before that dateor the marriage is not solemnized andregistered before that date, then,notwithstanding anything in this Act, thatcertificate may be issued, or that marriagemay be solemnized and registered, and anyother act required by this Act to be done inthat connection by a Registrar of the olddivision may be done, by a Registrar of theold division or of the new divisionnominated in that behalf by the Registrar-General or the District Registrar withinwhose district that area is situated and theprovisions of this Act shall applyaccordingly ; and every such Registrar shallcomply with such directions as may be givento him by the Registrar-General or theDistrict Registrar, as the case may be.

(2) The provisions of subsection (1) shallapply in every case where one division isamalgamated with another division to forma new division in like manner as thoseprovisions apply to a case where an areawithin a division becomes a separatedivision or a part of any other existingdivision.

PART IV

DIVORCES

32. The dissolution of a Kandyanmarriage shall be granted on any of thefollowing grounds:—

(a) Adultery by the wife after marriage.

(b) Adultery by the husband, coupledwith incest or gross cruelty.

(c) Complete and continued desertion bythe wife for two years.

(d) Complete and continued desertion bythe husband for two years.

(e) Inability to live happily together, ofwhich actual separation from bedand board for a period of one yearshall be the test.

(f) Mutual consent.

33. (1) The male party to a Kandyan Divorce.marriage may apply for a dissolution of the [§6,Law 41 ofmarriage on any ground specified in 1975.]paragraph (a) or paragraph (c) or paragraph(e) of section 32 and the female party to aKandyan marriage may apply for adissolution thereof on any ground specifiedin paragraph (b) or paragraph (d) orparagraph (e) of that section. Suchapplication shall be made to the DistrictRegistrar for the district in which the partyapplicant resides, or in a case where theparty applicant resides outside the Kandyanprovinces to the District Registrar for thedistrict in which the respondent resides or inwhich the marriage was registered.

(2) Both parties to a Kandyan marriage [§ 6, Law 41 ofmay jointly apply to the District Registrar 1975.]for the district in which either of the partiesresides or in a case where both parties resideoutside the Kandyan provinces, to theDistrict Registrar for the district where themarriage was registered for a dissolution ofthe marriage on the ground specified inparagraph (/) of section 32.

(3) The application shall be in writingand shall state—

(a) the name in full and address of eachparty to the marriage;

(b) the nature of the marriage (whether inbinna or diga) and the number ofsurviving children;

(c) the ground or grounds upon whichthe application is made; and

shall be, signed by the applicant, or in thecase of a joint application, by both theapplicants.

(4) The District Registrar shall forthwith,on the receipt of the application, cause anotice to be served upon each party to themarriage. The notice—

VI/246


(a) shall state the ground or groundsupon which the application ismade;

(b) shall indicate that at a time and datespecified in the notice the DistrictRegistrar will attend at his office orat such other place as he mayspecify in the notice for the purposeof disposing of such application;and

(c) shall call upon the person to whomthe notice is addressed to appearbefore such Registrar along with hiswitnesses, if any, on the date and atthe time and place so indicated.

(5) The District Registrar shall attend onthe date and at the time and place indicatedin the notice and shall dispose of theapplication after such summary inquiry ashe may deem necessary either on that dateor on any other date to which he mayadjourn or postpone the inquiry.

(6) In disposing of the application theDistrict Registrar shall, in his discretion,make order—

(a) granting the dissolution of themarriage in respect of which theapplication was made ; or

(b) refusing to grant the dissolution ofsuch marriage.

(7) In making an order under this sectiongranting the dissolution of a Kandyanmarriage, the District Registrar—

(i) shall, if both parties to the marriageh a v e a g r e e d u p o n a n ycompensation to be made to eitheror both of the parties on account ofthe dissolution thereof, embody theterms of the agreement in his orderat the request of the parties;

(ii) may, in his discretion, provide in theorder that the husband shall pay acertain sum of money periodicallyor make other provision for themaintenance of -his wife (if,

but only if, the order does notembody any agreement underparagraph (i) of this subsection forcompensation to be made to her);and

(iii) may, in his discretion, provide in theorder that the husband shall pay acertain sum of money periodicallyor make other provision for themaintenance of his children.

(8) Before disposing of any applicationunder this section, the District Registrarshall give each party to the marriage and hisor her witnesses, if any, an opportunity ofbeing heard.

(9) The District Registrar shall cause acopy of his order to be served upon eachparty to the marriage.

(10) Subject to the provisions ofsubsection (11), an order granting thedissolution of a Kandyan marriage whethermade by the District Registrar under thissection or by the District Court on appealshall be entered by the District Registrar inhis Divorce Register. The entry aforesaidshall for all purposes constitute theregistration of the dissolution of themarriage and accordingly the date on whichsuch entry is made shall for the purposesaforesaid be the date of such registration aswell as the date of such dissolution.

(11) No order granting the dissolution ofa Kandyan marriage made by the DistrictRegistrar under this section shall be enteredby him in his Divorce Register—

(a) until the time limit for an appealexpires; and

(b) where an appeal is preferred, until theDistrict Court confirms the order.

Where the District Court makes an orderconfirming the order of the DistrictRegistrar subject to any variations ormodifications, the order as so varied ormodified shall be entered in the DivorceRegister.

VI/247


[§6, Law 41 of (12) (a) It shall be the duty of the District1975.] Registrar to make the entry in his Divorce

Register in respect of such order inaccordance With the provisions of thissection.

(b) Every such entry shall be prepared in.triplicate, that is to say, the original (whichshall be retained by the District Registrar),the second copy (hereinafter referred to asthe " duplicate "), and a third copy whichshall bear an endorsement that it is issuedunder the hand of the District Registrarunder this section.

(c) The third copy shall forthwith, free ofcharge, be delivered or transmitted by postto the party applicant and in the case of ajoint application, to the female party.

(13) A District Registrar shall keep arecord in writing of all proceedings taken byhim under this section for the purpose ofdisposing of the application for thedissolution of a Kandyan marriage.

[§6, Law 41 of (14) Every District Registrar shall, in1975.] respect of each month, by such date as may

be fixed by the Registrar-General, send tothe Registrar-General for custody in hisoffice—

(a) the duplicate of every registrationentry made under subsection (10)by such District Registrar duringthat month; and

(b) if no such entry was made during thatmonth, a certificate to that effect.

(15) Where the original of the registrationentry referred to in subsection (10) is lost,damaged, has become illegible or is indanger of becoming illegible, and theduplicate is available, the Registrar-Generalmay, after such inquiry as he may deemnecessary, cause such original to be replacedby a copy of the duplicate certified by himto have been made after verification of thecopy with the duplicate. Every such copyshall replace the original and shall, for allpurposes, be deemed to be the originalof the registration entry made undersubsection (10).

[§6, Law 41 of1975.]

(16) Where the duplicate of a registration [§6, Law 41 ofentry made under subsection (10) is lost, 1975.]damaged, has become illegible or is indanger of becoming illegible and theoriginal is in the custody of the DistrictRegistrar, the Registrar-General may, aftersuch inquiry as he may deem necessary,cause to be substituted therefor a copy ofthe original certified by the DistrictRegistrar to have been made afterverification with the original and to be atrue copy of the original. Every such copyshall replace the duplicate of the registrationentry and shall, for all purposes, bedeemed to be the dup l i ca te of theoriginal registration entry made undersubsection (10).

(17) Where both the original of the [§6, Law 41 ofregistration entry made under subsection 1975.](10) and the duplicate sent to the Registrar-General under subsection (14) are lost,damaged, have become illegible or are indanger of becoming illegible, the provisionsof section 13 of the Births and DeathsRegistration Act shall, mutatis mutandis,apply to and in relation to the substitutionof copies of such original and duplicate.Such copies shall replace the original andduplicate and shall, for all purposes, bedeemed to be the original of the divorceregistration entry and the duplicate of theoriginal divorce registration entry,respectively.

34. (1) Any party to a Kandyan Appeals.marriage who is aggrieved by the ordermade by a District Registrar on theapplication for a dissolution of the marriagemay appeal against such order in themanner hereinafter provided to the DistrictCourt of the district in which such partyresides.

(2) The appeal shall be preferred bymeans of a written petition verified by anaffidavit made by the party appellant withinthirty days of the service on such party ofthe order of the District Registrar.

(3) The petition of appeal shall bear astamp or stamps of the prescribed valuewhich shall be supplied by the appellant.

(4) The petition of appeal—


VI/248


Specialprovisionsrelating toorders for thedissolution ofKandyanmarriages.

(b) shall state the names and addresses ofthe appellant and the. other party tothe marriage;

(c) shall state the ground or grounds onwhich the appeal is made;

(d) shall contain such other particulars asmay be prescribed ; and

(e) shall be signed by the appellant.

(5) The petition of appeal shall beforwarded in the first instance to theDistrict Registrar against whose order theappeal is preferred. Such Registrar shall, onthe receipt of the petition, immediatelyforward it to the District Court along withthe relevant record kept by him undersection 33.

(6) The District Court may, on anyappeal under this section, make order—

(a) confirming the order of a DistrictRegistrar; or

(b) confirming such order subject to suchvariations or modifications as theDistrict Court may deem necessary ;or

(c) setting aside such order and, if suchorder is an order refusing to grantthe dissolution of the marriage,granting the dissolution of themarriage.

(7) Subject to such rules as may be madein that behalf by the Supreme Court, theprocedure to be followed on any appeal tothe District Court under this section shall besuch as may be determined by the court.

(8) The District Court shall cause a copyof any order made by the court under thissection to be served upon the DistrictRegistrar and it shall be the duty of thatRegistrar to comply with such order.

35. (1) Save as otherwise expresslyprovided in subsection (2), an order for thedissolution of a Kandyan marriage madeunder this Act may, in so far and in so faronly as it makes provision for any matterspecified in paragraph (ii) or paragraph (iii)

Registration toconstitute bestevidence ofdivorce.

of subsection (7) of section 33, be enforced,discharged, modified or suspended and, ifdischarged or suspended, be revived, by aDistrict Court as though it were a like ordermade by that court under Chapter XLII ofthe Civil Procedure Code.

(2) No order for the dissolution of aKandyan marriage made under this Actshall, in so far and in so far only as it makesprovision for the wife in respect of anymatter specified in paragraph (ii) ofsubsection (7) of section 33, be dischargedexcept upon proof that she has beenhabitually cohabiting with any man sincethe date of dissolution of the marriage.

36. The registration under this Act ofthe dissolution of a Kandyan marriage shallbe the best evidence of such dissolutionbefore all courts and in all proceedings inwhich it may be necessary to give evidenceof such dissolution.

PART V

ADMINISTRATIVE ARRANGEMENTS

37. (1) The person for the time being Registrar-holding office as the Registrar-General of General.Marriages for Sri Lanka shall be theRegistrar-General of Kandyan Marriagesfor the purposes of this Act.

(2) The Registrar-General shall superviseand control the solemnization andregistration of Kandyan marriages and theregistration of dissolutions thereof underthis Act and all other persons appointed foror engaged in carrying out the provisions ofthis Act.

38. Every person for the time being Assistantholding office as an Assistant Registrar- Registrar-General of Marriages for Sri Lanka shall be General.an Assistant Registrar-General of KandyanMarriages for the purposes of this Act.

39. (1) For each district which includes Districtwithin its limits any part of the Kandyan Registrar.provinces there shall be a District Registrarof Kandyan Marriages.

(2) For any district referred to insubsection (1) the Government Agent ofthat district shall be the District Registrar.

VI/249

Cap.132] MA RRIA GE AND DIVORCE (KAND YAN)

Division ofKandyanprovinces intodivisions.

Appointmentof Registrars ofKandyanMarriages.

(3) Every Additional Government Agent,Assistant Government Agent, AdditionalAssistant Government Agent and OfficeAssistant to a Government Agent, of adistrict shall be an Additional DistrictRegistrar for that district.

(4) In the case of any district referred toin subsection (1) any person may beappointed to be the District Registrar inplace of the officer specified in subsection(2), and any person, other than an officerspecified in subsection (3), to be anAdditional District Registrar.

(5) Every District Registrar shall, subjectto the provisions of section 42, superviseand control the solemnization andregistration of Kandyan marriages and theregistration of divorces under this Act in hisdistrict and all other persons appointed foror engaged in carrying out the provisions ofthis Act in his district.

40. The Minister may from time to time,by Order published in the Gazette, divideeach district which includes within its limitsany part of the Kandyan provinces into suchnumber of divisions for the purposes of thisAct as he may deem necessary, and may atany time by a like Order abolish, or vary thelimits of, any such division.

41. (1) There may from time to time beappointed a fit and proper person or each oftwo or more such persons to be or to act asa Registrar of Kandyan Marriages for eachdivision.

(2) In the event of the death, suddenillness or incapacity of a DivisionalRegistrar for a division or in the event ofany other emergency, the Registrar-Generalor the District Registrar in whose districtthat division is situated may, by writingunder his hand, appoint a fit and properperson to act in place of such DivisionalRegistrar so, however, that no suchappointment shall be made by a DistrictRegistrar for any period exceeding thirtydays at any one time.

(3) Every appointment of a DivisionalRegistrar made by the Registrar-General orthe District Registrar under the provisionsof subsection (2) shall be forthwith entered

under his hand in a book which he shallkeep for the purpose.

42. (1) In the exercise, performance or Powers anddischarge of the powers, duties or functions duties ofconferred or imposed by or under this Act— officers.

(a) each Assistant Registrar-General shallbe subject to the general supervisionand control of theRegistrar-General;

(b) each District Registrar shall besubject to the general supervisionand control of the Registrar-General ; and

(c) each Divisional Registrar shall besubject to the general supervisionand control of the District Registrarfor the district in which his divisionis situated.

(2) Subject to any directions issued bythe M i n i s t e r and s u b j e c t to thegenera l s u p e r v i s i o n and control ofthe Registrar-General—

(a) each Assistant Registrar-General mayexercise, perform or discharge thepowers, duties or functionsconferred or imposed by or underthis Act upon the Registrar-General ; and

(b) each District Registrar may exercise,perform or discharge the powers,duties or functions conferred orimposed by or under this Act on aDivisional Registrar.

43. (1) Save as hereinafter provided,every Divisional Registrar shall—

Residence.office andadditionaloffices ofDivisionalRegistrars.

(a) reside and establish his office in suchconvenient place in his division asshall be appointed by the District

Registrar for the district in whichsuch division is situated ; and

(b) if so directed by that DistrictRegistrar, establish in his divisionsuch number of additional offices asmay be approved by the DistrictRegistrar:

VI/250


Attendance ofDivisionalRegistrar atoffice. &c.

Books to bekept byRegistrars.

Provided that a District Registrar may, inthe special circumstances of any case andwith the prior approval of the Registrar-General, authorize a Divisional Registrarfor any division which is situated in hisdistrict to reside or to have his office or toestablish any additional office at a placeoutside his division.

(2) Every District Registrar shallforthwith notify to the Registrar-Generalthe places appointed by him as theresidence, office and additional office oroffices (if any) of every Divisional Registrarin his district.

44. Every Divisional Registrar shall—

(a) attend his office and each additionaloffice (if any) on such days andduring such hours as shall,respectively, be appointed by theDistrict Registrar for the district inwhich his division is situated ; and

(b) cause his name, with the words" Registrar of KandyanMarriages", the name of hisdivision, and the days and hours ofhis attendance as appointed by theDistrict Registrar, to be placed in legiblecharacters in Sinhala and Englishon a conspicuous place near theentrance of his office and eachadditional office (if any).

45. (1) Every Registrar shall keep—

(a) a book to be called the " MarriageNotice Register" substantially inthe prescribed form;

(b) a book to be called the " MarriageRegister" substantially in theprescribed form; and

(c) such other books as he may berequired to keep by or under theprovisions of this Act.

(2) Every District Registrar shall keep abook to be called the " Divorce Register "substantially in the prescribed form.

(3) Every entry made by a Registrar inhis Marriage Notice Register, MarriageRegister and by a District Registrar in hisDivorce Register shall be numberedconsecutively.

Publication oflists ofDivisionalRegistrars andtheir offices,&c.

Power to makerules.

(4) The Registrar-General and eachDistrict Registrar shall keep, for thepurposes of this Act, such books as may beprescribed in such form as may beprescribed.

(5) Save as otherwise provided by orunder this Act, the Registrar-General andevery Registrar shall not allow any book orother documents kept by him under this Actto leave his possession except in compliancewith the .order of a competent court.

46. The Registrar-General may fromtime to time publish in the Gazette a list ofthe Divisional Registrars in Sri Lanka, withtheir names and the names of theirdivisions, offices and additional offices (ifany).

47. (1) The Minister may from time totime make rules for the direction of theRegistrar-General, the District Registrars,Divisional Registrars, and all personswhomsoever in the discharge of their dutiesunder this Act, for all matters-required bythis Act to be prescribed, and generally forcarrying out the principles and provisions ofthis Act.

(2) No rule made under this section shallhave effect until it is approved byParliament and notification of suchapproval is published in the Gazette.

(3) Upon the publication in the Gazetteof a notification to the effect that a rulemade by the Minister has been approved byParliament, that rule shall be as valid andeffectual as if it were herein enacted.

PART VI

GENERAL

48. (1) Every Divisional Registrar shall, Production ofif called upon to do so by the Registrar- books, &c., for

General or the District Registrar, producefor the inspection of the Registrar-Generalor District Registrar, as the case may be,any book or other document which is in hispossession in his capacity as DivisionalRegistrar.

(2) Every book or other document keptby the Registrar-General or a Registrarunder this Act shall be open to theinspection of any person on payment of theprescribed fee.

inspection.

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Custody ofregisters, &c.

Surrender ofrecords byRegistrar onhis ceasing tohold office.

Correction ofclerical errorsin registers.

Destruction ofdocuments.

Powers inrelation toinquiries.

49. (1) Every Divisional Registrar shalltransmit every register which is completedby him to the District Registrar,

(2) Every District Registrar shall preservein his office every register which iscompleted by him as well as every registerwhich is transmitted to him undersubsection (1).

50. A person shall, on his ceasing to holdoffice as a Divisional Registrar for adivision, transmit as soon as possible to theDistrict Registrar in whose district thatdivision is situated all books, documentsand other papers which were in hispossession in his capacity as Registrar. TheDistrict Registrar shall carefully preserve inhis office all the books, documents andother papers so transmitted, and in theevent of the appointment of a successor tosuch retiring Registrar, transmit such books,documents and other papers to suchsuccessor.

51. The Registrar-General or any otherperson authorized in that behalf by theRegistrar-General may, after such inquiry,as he may deem necessary, correct anyclerical error which may from time to timebe discovered in any register kept under thisAct.

52. Notwithstanding anything in thisAct, a District Registrar may cause anyMarriage Notice Register, certificate,licence, application, notice or declarationwhich is served on him, or forwarded ortransmitted to him, under this Act to bedestroyed after a period of ten years fromthe date of the last entry in such register orfrom the date of the certificate, licence,application, notice or declaration, as thecase may be.

53. (1) For the purposes of any inquiryunder this Act, the Registrar-General or anyDistrict Registrar may—

(a) by summons in writing, require theproduction before him of alldocuments and papers which hemay deem necessary and mayrequire any person holding oraccountable for any suchdocuments or papers to appearbefore him at such inquiry and tomake and sign a declaration inrespect of the same;

(b) by summons in writing, require theattendance before him at suchinquiry of any person whom he maydesire to examine on oath; and

(c) administer an oath or affirmationto any person referred to inparagraph (A).

(2) Any person who—

(a) neglects or refuses to produce anydocuments or papers, or to make orsign a declaration, when required todo so under subsection (1); and

(b) neglects or refuses to attend anyinquiry when required to do sounder subsection (I); or

(c) gives false evidence at any inquiryunder this Act,

shall be guilty of an offence under this Actand shall be liable on conviction to a finenot exceeding one hundred rupees.

54. Such fee as may be prescribed shall Fees.be payable in advance—

(a) to a District Registrar for thesolemnization and registration of aprospective Kandyan marriagewhether at his office or at any otherauthorized place; or

(b) to a Divisional Registrar for thesolemnization and registration of.such marriage at any authorizedplace outside his office,

by the person requiring such Registrar tosolemnize and register the marriage; andnotwithstanding anything in this Act, if suchfee is not so paid in advance such Registrarmay refuse to solemnize and register themarriage.

PART VII

MISCELLANEOUS

55. In connexion with the preliminary Adjustments ofarrangements necessary for bringing this Special matters.Act into operation, either generally or withreference to any special matter or matters,

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Certified copiesof books. &c.

[§ 6, Law 41 of1975.]

Service ofnotices, &c.

either throughout the Kandyan provinces orin any specified part thereof, the Minister,by Order published in the Gazette, mayissue all such directions as he may deemnecessary with a view to providing for anyunforeseen or special circumstances, or todetermining or adjusting any question ormatter, for the determination or adjustmentof which no provision or effective provisionis made by this Act.

56. (1) A person may on applicationmade in that behalf and on payment of theprescribed fee, obtain from the Registrar-General or any Registrar a certified copy ofor an extract from, any entry in a book ordocument in the possession of the Registrar-General or Registrar, as the case may be.

(2) Such copy or extract, if purporting tobe made under the hand of the Registrar-General or an Assistant Registrar-Generalor the District Registrar or an AdditionalDistrict Registrar or the DivisionalRegistrar and the third copy issued undersections 23A and 33 (12) shall be received asprima facie evidence of the matters to whichit relates without any further proof of theentry.

57. (1) Any notice, certificate, order,application or other document required orauthorized for the purposes of this Act to beserved on, or issued or forwarded ortransmitted to, any person may be soserved, issued, forwarded or transmitted—

(a) by delivering it to that person;

(b) by leaving it at the usual or lastknown place of abode of thatperson or, in the case of theRegistrar-General or a Registrar, athis office; or

(c) by sending it by post addressed to thatperson at his usual or last knownplace of abode or, in the case of theRegistrar-General or a Registrar, athis office.

(2) Any notice, certificate, order,application or other document required orauthorized for the purposes of this Act to beserved on or issued or forwarded ortransmitted to the Registrar-General or a

Registrar shall be deemed to be duly served,issued, forwarded or transmitted if deliveredat or sent by registered post to the office ofthe Registrar-General or Registrar, as thecase may be.

58. All expenses incurred in the Expenses.administration of this Act shall be paid outof such moneys as may be voted byParliament for the purpose.

59. All sums paid or recovered by way Disposal ofof stamp fees, fees or fines under this Act, fees.other than any sum paid to a DivisionalRegistrar as a fee under section 54, shall becredited to the Consolidated Fund.

PART VIII

OFFENCES, PENALTIES ANDINTERPRETATION

60. Any person who— Falsedeclarations,

(a) for the purpose of procuring the &c.solemnization or registration of aKandyan marriage knowingly or-wilfully makes and subscribes anyfalse declaration or signs any falsenotice under this Act; or

(b) for the purpose of making anobjection under this Act to the issueof a marriage notice certificate inrespect of a Kandyan marriage,falsely represents himself to be aperson whose consent to suchmarriage is required by this Act,knowing such representation to befalse,

shall be guilty of an offence under this Act.

61. Any person who—

(a) save as provided in section 52,knowingly and wilfully, tears,defaces or destroys any notice,certificate, declaration, register,book or other document kept under

this Act or any part of such notice,certificate, declaration, register,book or document or any certifiedcopy of such notice, certificate,declaration, register, book ordocument or of any part thereofkept under this Act; or

Destruction ofdocuments, &c,

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Unduesolemnizationof marriages,&c.

Offences byRegistrars.

(b) knowingly and wilfully inserts in anysuch notice, certificate, declaration,register, book or document anyfalse statement; or

(c) signs or issues under this Act any falsecertificate relating to any suchnotice, declaration, register, bookor document; or

(d) certifies any writing to be a copy of orextract from any such notice,certificate, declaration, register,book or document, knowing thatsuch copy or extract, as the casemay be, is not a true and correctcopy thereof or extract therefrom,


62. Any person who—

(a) knowingly and wilfully solemnizes orregisters a Kandyan marriage whenhe is not authorized so to do by orunder this Act; or

(b) knowingly and wilfully solemnizes orregisters a Kandyan marriagebetween persons one or both ofwhom is or are, as the case may be,not legally competent to contract amarriage,


63. Any Registrar who—

(a) knowingly and wilfully solemnizes orregisters a Kandyan marriage incontravention of any provision ofthis Act or of any rule madethereunder; or

(b) knowingly and wilfully issues orgrants any certificate, licence orother document under this Act incontravention of any provision ofthis Act or of any rule madethereunder; or

(c) knowingly disobeys any provision ofthis Act or of any rule madethereunder intending to cause orknowing it to be likely to causeinjury to any person or to theGovernment,


64. Every offence under this Act shall, Penalties.save as otherwise expressly providedtherein, be punishable with a fine notexceeding one thousand rupees or withimprisonment of either description for aterm not exceeding two years or with bothsuch fine and imprisonment.

65. All offences under this Act shall be Offencescognizable offences for the purposes of the triable by

Magistrate'sapplication of the provisions of the Code of courtCriminal Procedure Act, notwithstandinganything contained in the First Schedule ofthat Act, and shall be triable summarily bya Magistrate's Court.

66. In this Act, unless the context Interpretation.otherwise requires—

" appointed date " means the 1 st day ofAugust, 1954;

" Additional District Registrar " means aperson for the time being holdingoffice as an Additional DistrictRegistrar of Kandyan Marriages forany district;

" Assistant Registrar-General " means aperson for the time being holdingoffice as an Assistant Registrar-General of Kandyan Marriages forthe purposes of this Act;

" district " means administrative district;

" District Registrar " means a person forthe time being holding office as aDistrict Registrar of KandyanMarriages for any district andincludes an Additional DistrictRegistrar;

" division " means any division into whichthe Kandyan provinces are dividedunder this Act;

" Divisional Registrar " means a person forthe time being holding office as aDivisional Registrar of KandyanMarriages for a division;

" Kandyan marriage" means a marriage,under this Act, between personssubject to Kandyan law ;

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" Kandyan provinces " means the provincesspecified in Part I of the Scheduleto this Act and includes the areasspecified in Part II of thatSchedule;

" lawful age of marriage "—

(a) in relation to the male party to amarriage, means sixteen years ofage;

(b) in relation to the female party to amarriage, means twelve years ofage;

" minor " means a male person undereighteen years of age or a femaleperson under sixteen years of age;

" office ", in relation to a DivisionalRegistrar, includes any additionaloffice established by him under thisAct;

" prescribed" means prescribed by rulemade under this Act;

" Registrar " means any District Registrar orDivisional Registrar; and

" Registrar-General " means the person forthe time being holding office as theRegistrar-General of KandyanMarriages for the purposes of this

[§§2&3,Law Act, and includes a Deputy23 of 1978.] Registrar-General.

PART IX

TRANSITORY PROVISIONS, &c.

Registers, &c., 67. (1) Notwithstanding the repeal ofkept, and Kandyan Marriage Ordinance* everymade under register or other book kept under thatthe Kandyan Ordinance and in existence on the dayMarriage immediately preceding the appointed dateOrdinance. shall be deemed to be a register or other

book, as the case may be, kept under thecorresponding provisions of this Act, andevery entry made in such register or otherbook shall be deemed to be an entry madeunder the corresponding provisions of thisAct:

Provided, however, that any question asto the correctness of any such entry shall,notwithstanding such repeal, be determinedin the manner in which it would have beendetermined if that Ordinance had not beenrepealed-

(2) Notwithstanding the repeal of theKandyan Marriage Ordinance* anyregulation made under that Ordinance andin force on the day immediately precedingthe appointed date shall be deemed to be arule made under this Act and accordinglymay be varied, amended or revoked underthis Act.

68. Notwithstanding the repeal of theKandyan Marriage Ordinance * and theKandyan Marriage (Removal of Doubts)Ordinance,* the following provisions shallapply in the case of marriages as defined inthe Kandyan Marriage Ordinance :—

(1) The provisions of the KandyanMarriage Ordinance shall continuein force for the purpose of theregistration of any such marriage ofwhich notice had been given underthat Ordinance before theappointed date and for the purposeof the determination of anyquestion as to the validity of anysuch marriage which is soregistered.

(2) The provisions of the KandyanMarriage Ordinance shall continuein force for the purpose of thedisposal of any application for thedissolution of any such marriagewhich had been made under thatOrdinance before the appointeddate and for the purpose of thedetermination of any question as tothe validity of any order ofdissolution made on suchapplication.

(3) The provisions of the KandyanMarriage Ordinance shall continuein force for the purpose of thecompletion of any act which hadbeen commenced, but notcompleted, under that Ordinancebefore the appointed date.

Specialprovisionsapplicable tocertainmarriages.

*Repealed by Act No. 44 of 1952.

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(4) The provisions of the KandyanMarriage Ordinance and theKandyan Marriage (Removal ofDoubts) Ordinance shall continuein force for the purpose of thedetermination of any question as tothe validity of any. such marriagecontracted before the appointeddate.

(5) The provisions of the KandyanMarriage Ordinance shall continuein force for the purpose of thedetermination of any question as tothe validity of the dissolution,before the appointed date, of anysuch marriage.

(6) The provisions of section 27 of theKandyan Marriage Ordinance shallcontinue in force for the purpose ofthe determination of any questionas to the legitimacy of, and therights vested in, any childprocreated by the parties to anysuch marriage prior to itsregistration under that Ordinance.

(7) The fact that any such marriage wassolemnized or registered before the

appointed date under the MarriageRegistration Ordinance or underany enactment repealed by thatOrdinance, shall not affect therights of the parties thereto or ofpersons claiming title from orthrough such parties to succeed toproperty under and in accordancewith the Kandyan law.

69. Notwithstanding anything in anyother provision of this Act, a marriageregistered under the Kandyan MarriageOrdinance may be dissolved on all or any ofthe grounds specified in section 32 of thisAct; and accordingly for that purpose andthat purpose only the provisions of Part IVof this Act shall apply in like manner and tothe same extent as they apply to Kandyanmarriages.

70. Nothing in subsection (2) of section4 of the Kandyan Succession Ordinanceshall authorize or be deemed or construedto authorize the solemnization orregistration under this Act of a marriagebetween persons either of whom is not aperson subject to Kandyan law.

Application ofPart IV tocertainmarriages.

KandyanSuccessionOrdinance notto apply tomarriagesunder this Act,

[Section 66.) SCHEDULE

KANDYAN PROVINCES

PART I

The provinces specified hereunder:—

(I) The Central Province.(2) The North-Central Province.(3) The Province of Uva.(4) The Province of Sabaragamuwa.

PART II

The areas specified hereunder:—

(1) Chinnacheddikulam East and West Korale and Kilakkumulai South Korale in the Vavuniya District, of theNorthern Province.

(2) Bintenne Pattu, Wegam Pattu, and Panama Pattu in the Batticalaa District, and Kaddukulam Pattu in theTrincomalee District, of the Eastern Province.

(3) The Kurunegala District, and Demala Hat Pattu in the Puttalam District, of the North-Western Province.

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MARRIAGE AND DIVORCE (KANDYAN) [Cap. 132 CHAPTER 132 · MARRIAGE AND DIVORCE (KANDYAN) [Cap.132...

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