Kapruka
Legal Servics
• Legal Services
• SL Laws
• Legal Forms
• Judgements
• Legal Articles
• Legal Reports
 
Kapruka Services
• Global Shopping
• Gift Delivery in SL
• Get SL Books/DVDs
• Get SL Merchandise
• Get SL Grocery
• Photo Print & Delivery
• Astrology Services
• Reload Mobile Phones
• Send Money/Vouchers
• Rent a Car in SL
• Wedding Services
• Realestate Services
• Media/MP3 Purchase
• Gifts » Other Countries
 
About Kapruka
• Office Locations
• Kapruka Careers
• Awards
• Contact Us
• Order Tracking
• Delivery Areas
 
Payments by Amex, Master, Visa, Paypal and Discover

Legal Services and Laws of Sri Lanka

Sri Lanka Legal ServiceslawsFormsArticlesJudgementsReports


Marriage And Divorce Kandyan

MARRIAGE AND DIVORCE (KANDYAN)

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO KANDYAN MARRIAGESANDDIVORCES,ANDTOMAKEPROVISIONFORMATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.

Law Nos,
41 of 1975
Act Nos,
44 of 1952
34 of 1954
22 of 1955
19 of 1995[ 19th October , 1995 ]
[1st , ]

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

Application of Act.
2.The provisions of this Act shall not, unless otherwiseexpresslyprovidedtherein,applytomarriagescontracted
before the appointed date.

Marriages between persons subject to Kandyan law.
3.(1) Subject to the provisions of this Act-
(a)a marriage, between persons subject to Kandyan law, shall be solemnized and registeredunderthisActor
under the Marriage Registration Ordinanceand
(b)any such marriage which is not so solemnized and registered shall be invalid.
(2) The fact that a marriage, between persons subjecttoKandyanlaw,issolemnizedandregisteredunderthe
Marriage Registration Ordinance shall not affect the rights of such persons, or of other persons claiming title from or
through such persons, to succeed to property under and in accordance with the Kandyan law.

PART I

VALIDITY OF KANDYAN MARRIAGES AND LEGITIMIZATION OF ILLEGITIMATE CHILDREN

Lawful age of marriage [2, 19 of 1995]
4 (1) No Kandyan marriage contracted after the coming into force of this subsection, shall be valid if, at the timeof
marriage-
(a)either party thereto is under the lawful age of marriageor
(b)both parties thereto are under the lawful age of marriage.
(2)Notwithstanding anything in subsection (1), a Kandyan marriage shall bedeemednottobeortohavebeen
invalid under that subsection by reason of one party and one party only thereto being, at the time ofmarriage,under
the lawful age of marriage-
(a)if both parties thereto cohabit as husband and wife, for a period of one year after the party aforesaidhas
attained the lawful age of marriage or
(b)if a child is born of the marriage before the party aforesaid has attained the lawful age of marriage.
(3) Notwithstanding anything in subsection (1), a Kandyan marriage shall be deemed not to be or to have beeninvalid
under that subsection by reason, of both parties thereto being, at the timeofmarriage,underthelawfulageof
marriage-
(a)if both such parties cohabit as husband and wife for a period of one year after they both have attainedthe
lawful age of marriage or
(b)if a child is born of the marriage before both or either of them have attained the lawful age of marriage.

Prohibited degrees of relationship.
5.(1) No Kandyan marriage shall be valid-
(a)if either party thereto is directly descended from the other or
(b)if the female party thereto is the sister of the male party thereto either by the fullorthehalf-blood,
or the daughter of his brother or of his sister by the full or the half-blood, or adescendantfromeitherof
them, or the daughter of his wife by another father, or his son's orgrandson'sorfather'sorgrandfather's
widow or
(c)if the male party thereto is the brother of the female party thereto either by the full orthehalf-blood,
or the son of her brother or of her sister by the full or the half-blood, or a descendant from either of them, or
the son of her husband byanothermother,orherdeceaseddaughter'sorgranddaughter'sormother'sor
grandmother's husband.
(2) No marriage or cohabitation shall take place between persons who, being subject toKandyanlaw,standtowards
each other in any of the degrees of relationship specified in paragraph (a)orparagraph(b)orparagraph(c)of
subsection (1) of this sectionand in the event of any marriage or cohabitation between such persons, each such person
shall be guilty of an offence under this Act.

Second marriage without legal dissolution of first marriage invalid.
6.No Kandyan marriage shall be valid-
(a) if one party thereto has contracted a prior marriage and
(b) if the other party to such prior marriage is still living,
unless such prior marriage has been lawfully dissolved or declared void.

Legitimization of illegitimate children.
7.A valid Kandyan marriage shall render legitimate any children who may have been procreated(whetherbeforeorafter
the appointed date) by the parties thereto previous to such marriage and children so legitimized shall beentitledto
the same and the like rights as if they had been procreated by the parties thereto subsequent to such marriage.

PART II

CONSENT TO MARRIAGE
Consent required to marriage of minor.
8.(1) The consent of a competent authority is hereby required to the marriage under this Actofaminorsubjectto
Kandyan law.
(2) For the purposes of this Act, the expression "competent authority ", in relation to a minor, means-
(a)the father of the minor or
(b)if the father is dead, or is under any legal incapacity, or is unable togiveorrefusehisconsentby
reason of absence from Sri Lanka, the mother of the minor or
(c)if both the father and mother of the minor are dead, or are under any legal incapacity,orareunableto
give or refuse consent by reason of absence from Sri Lanka, the guardian or guardians of the minorappointedby
the father or, if the father is dead, or is under any legal incapacity, by the mother or, if the mother isdead,
or is under any legal incapacity, by a competent courtor
(d)if both the father and mother of the minor are dead, or are under any legal incapacity,orareunableto
give or refuse consent by reason of absence from Sri Lanka, and if further-
(i) no guardian or guardians of the minor has or have been appointed by the father, mother or acompetent
courtor
(ii)the guardian or guardians so appointed is or are dead, or is or are under any legal incapacity, oris
or are unable to give or refuse consent by reason of absence from Sri Lanka,
the District Registrar for the district in which the minor resides.

Authority to give or refuse consent.
9. Any competent authority whose consent to the marriage of a minor is required under the last pre-cedingsectionmay
give or refuse such consent as to such authority may seem fit.

Consent of Registrar
10. (1) A District Registrar shall, if he is a competent authority in relation toaminor,entertainanyapplication
made under this section for his consent to the marriage of that minor under this Act.
(2) The application shall be made by means of a writtenpetitioneitherbytheminororbyanyotherperson
interested in the marriage of the minor.
(3) The petition shall bear a stamp or stamps of the prescribed value which shall be supplied by the applicant.
(4) The petition-
(a)shall be in the prescribed form
(b)shall state the name and address of the applicant
(c)shall state in what capacity he makes the application
(d)shall, if the applicant is merely a person interested in the marriage oftheminor,statethenameand
address of the minor
(e)shall contain such other particulars as may be prescribedand
(f)shall be signed by the applicant.
(5) Upon the receipt of the petition, the District Registrar shall forthwith cause a notice tobeserveduponthe
applicant, and, if the applicant is merely a person interested in the marriage of the minor, upon the minor.
(6) The notice-
(a)shall indicate that at a time and date specified in the notice the District Registrarwillattendathis
office or at such other place as may be specified therein for the purpose of disposing of such application : and
(b)shall call upon the person to whom the notice is addressed to appear before theRegistraralongwithhis
witnesses, if any, on the date and at the time and place so indicated.
(7) The District Registrar shall attend on the date and at the time and placeindicatedinthenoticeandshall
dispose of the application after such summary inquiry as he may deem necessary either on that date or on any other date
to which he may adjourn or post pone the inquiry. The Registrar shallcommunicatehisdecisioninwritingtothe
applicant and, if the applicant is merely a person interested in the marriage of the minor, to the minor.
(8) Before disposing of the application the District Registrar shall give the applicantand,iftheapplicantis
merely a person interested in the marriage of theminor,theminorandtheirrespectivewitnesses,ifany,an
opportunity of being heard.
(9) The District Registrar shall keep a record in writing of all proceedings taken by him under this section forthe
purpose of disposing of the application.

Appeals.
11(1)An appeal against the refusal of a competent authority to give his consent to the marriage of a minorunder
this Act shall lie to the District Court having jurisdiction in the area in which the minor resides.
(2) The appeal shall be preferred by means of a writtenpetitioneitherbytheminororbyanyotherperson
interested in the marriage of the minor:

Provided, however, that no appeal against the refusal to give his consent by a District Registrar in his capacity asa
competent authority in relation to the minor may be preferred by any person who is merely a personinterestedinthe
marriage of the minor unless the application for such consent was made by that person.
(3) The petition of appeal shall bear a stamp or stamps of the prescribedvaluewhichshallbesuppliedbythe
appellant.
(4) The petition of appeal-
(a)shall be in the prescribed form
(b)shall state the name and address of the appellant
(c)shall state the name and address of the competent authority against whose decision the appealispreferred

(d)shall state in what capacity he makes the appeal
(e)shall, if the appellant is merely a person interested in the marriage oftheminor,statethenameand
address of such minor
(f)shall contain such other particulars as may be prescribed and
(g)shall be signed by the appellant.
(5) Where an appeal is preferred under this section against the decision of a District Registrar in hiscapacityas
a competent authority, the petition of appeal shall inthefirstinstancebeforwardedtothatRegistrar.Such
Registrar shall forthwith, upon the receipt of the petition, forward it to the District Court along withtherelevant
record kept by him under section 10.

Power of court on appeals.
12. (1) Subject to the provisions of subsection (2), a District Court may, in itsabsolutediscretion,onanyappeal
against the refusal of a competent authority to give his consent to the marriage of a minor under this Act, make order-
(a)confirming the decision of such authority or
(b)setting aside that decision and consenting to the marriage,
(2) No order shall be made by a District Court undersubsection(1)(b)ofthissectionunlessthecourtis
satisfied that the refusal of a competent authoritytoconsenttothemarriageofaminorunderthisActis
unreasonable.
(3) The District Court shall cause a copy of the order to be served upon the appellant, the competent authorityand,
if the appellant is merely a person interested in the marriage of the minor, upon the minor.
(4) The decision of a District Court under this section on any appeal shall be final and conclusive and shall notbe
subject to appeal.

Parties to be given an opportunity of being heard.
13. Before disposing of any appeal under this Part, a District Court shall give the parties thereto including the minorto
whose marriage the appeal relates and their respective witnesses, if any, an opportunity of being heard.

procedure at hearing of appeals
14. At the hearing of any appeal to a District Court under this Part, the procedure to be followed shall,saveasherein
before provided and subject to any rules made by the Supreme Court for the purposes of this Act, be such asthecourt
may direct either generally or in any particular case.

Effect of order of court
15. Where, on any appeal under this Part a District Court makes order setting aside the decision of acompetentauthority
and consenting to the marriage of a minor, the consent of that authority required by this Act for the marriage ofthat
minor shall be deemed for all the purposes of this Act to have been given with effect from the date of the order.

PART III

REGISTRATION OF KANDYAN MARRIAGES

Notice of prospective Kandyan marriage.
16. Every prospective Kandyan marriage shall be notified to theappropriateRegistrarhereinafteryspecifiedbythe
service of notice thereof on such Registrar as hereinafter provided :-
(1)Where both parties thereto have resided in the same divisionforaperiodofnotlessthantendays
reckoned from the date of service or the notice, one party thereto shall serve notice thereof ontheDivisional
Registrar for that division or on the District Registrar for the district in which that division is situated.
(2)Where both parties thereto have resided in different divisions for the period referred to in para graph(1)
of this section, each party thereto shall serve notice thereof on the Divisional Registrar forthedivisionin
which that party so resided or on the District Registrar for the district in which that division is situated

Provided that where both such divisions are situated in the same district, notice of the marriage shall,instead
of being served by each party thereto on the District Registrar for that district under the precedingprovisions
of this section, be served by one such party on that District Registrar.
(3)Where only one party thereto has resided in any division for the period referredtoinparagraph(1)of
this section, that party shall serve notice thereof on the Divisional Registrarforthatdivisionoronthe
District Registrar for the district in which that division is situated.
(4)Where both parties thereto have not resided in any division for the period referred to in paragraph(1)of
this section, one such party, being a party who has resided in a division for a period of not less than four days
reckoned from the date of service of the notice, shall serve notice thereof on the Divisional Registrar forthat
division or on the District Registrar for the district in which that division is situated.
(5)In the event of the absence from Sri Lanka of one party thereto the otherpartymaygivenoticethereof
under paragraph (3) or paragraph (4) of this section in anticipation of the arrival in Sri Lanka of such party.
(6)The notice shall be substantially in the prescribed form, and-
(a) shall state-
(i) the name in full (including, if it is different,thenamebywhichthepartyiscommonly
known), age, occupation or calling, civil condition (whether unmarried, widowed or divorced) and place
of residence of each party thereto :
(ii) the nature of the marriage (whether in binna or diga)and
(iii)the length of residence of each party thereto in the district or division, as the casemay
be, of that Registrar
(b) shall bear on its face or have attached thereto the written consent of anypersonwhoseconsentto
the marriage is required by this Act
(c) shall contain a declarationmadeunderparagraph(7)ofthissectionandacertificationby
endorsement made under paragraph (9) of this section
(d) shall bear a stamp or stamps of the prescribed value which shall be supplied by the party servingthe
notice and
(e) shall be signed by that party.
(7)Before the notice is served on a Registrar by a party thereto, that party shall appear in person beforethe
Registrar and, in the presence of the Registrar and two witnesses,makeandsubscribeadeclarationtothe
following effect :-
(a) that to the best of that party's knowledge and belief the particulars stated in thenoticearetrue
and correct

(b) that there is no lawful impediment or other lawful hindrance to the marriage
(c) that neither party thereto is a minor or that both partiestheretoareminorsorthatoneparty
thereto is a minor and
(d) that the consent of any person thereto is requiredbythisActandthatsuchconsenthasbeen
obtained or that the consent of any person thereto is not required by this Act.
(8)The witnesses to the declaration shall be persons who are personally known to the party and,iftheparty
is not known to the Registrar, to the Registrar, The name in full, occupation or calling and placeofresidence
of each witness shall be entered at the foot of the declaration.
(9)After the declaration has been made and subscribed by apartythereto,theRegistrarshallcertifyby
endorsement at the foot of the declaration-
(a) that the party is not known to the Registrar and that the witnesses areknowntotheRegistraror
that such party is known to the Registrar
(b) that the witnesses have declared to him that they are personally known to such party and
(c) that the declaration was made and subscribed by the party in the presence of the Registrar.

Entry and of Notice of a prospective of Kandyan marriage.
17. A Registrar shall, on the service on him of notice Kandyan marriage, forthwith comply with the following provisions :-
(a) The Registrar shall file such notice and keep it with the records of his office.
(b) The Registrar shall enter in his "Marriage Notice Register such of the particulars specifiedinthenoticeas
may be prescribed (hereinafter referred to as the " marriage notice entry ").
(c) The Registrar shall publish the notice by exhibiting or causing to be exhibited a true copy of the noticeorof
a prescribed extract thereof at some conspicuous place in his office for a continuous period of atleasttwelvedays
reckoned from the date of the marriage notice entry.
(d)Where both parties to the marriage resided in different divisions for the period referred toinparagraph(2)
of section 16, the Registrar shall-
(i)if he is a Divisional Registrar or
(ii) if he is a District Registrar and if any one of such divisions is not situated in his district,
furnish a certified copy of the notice to the party by whom the notice was served.

Issue of certificates in respect of Kandyan marriages.
18. The following provisions shall apply in any case where notice of a prospective Kandyan marriage has beenservedona
Registrar under this Act: -
(1) Subject as hereinafter provided, the Registrar shall, upon application made in that behalf byapartythereto,
issue to that party a certificate (hereinafter referred to as a "marriage noticecertificate")inrespectofthe
marriage.
(2) The Registrar shall not issue the marriage notice certificate-

(a)if any lawful impediment or other lawful hindrance to the issue thereof has been shown to him or
(b)if, being a District Registrar, any objection to the issue thereof has been madetohimunderthisAct,
unless an order overruling that objection has been made by him under section 21 or
(c)if, being a Divisional Registrar, any such objection has been made to him, except upon thereceiptbyhim
of a certified copy of an order under section 21 overruling that objection.
(3) Where the provisions of paragraph (1) or paragraph (3) or paragraph (4) of section 16 apply in thecaseofthe
mairiage, the Registrar-
(a)if he is a District Registrar, shall not issue the marriage notice certificate-
(i) before the expiry of a period of twelve days reckoned from the date of the marriage notice entrymade
by him in respect thereof, unless a party thereto makes applicationinthatbehalfandalsomakesand
subscribes the declaration required by paragraph (5) of this section or
(ii)after the expiry of a period of three months reckoned from that date and
(b)if he is a Divisional Registrar, shall not issue the marriage notice certificate-
(i) before the expiry of a period of twelve days reckoned from the date of the marriage notice entrymade
by him in respect thereof, except under the authority of a special licence issued under section 19 or
(ii)after the expiry of a period of three months reckoned from that date.
(4) Where the provisions of paragraph (2) of section 16 apply in the case of the marriage, the Registrar-
(a)if he is a District Registrar in whose district both parties thereto resided for the period referredtoin
that paragraph, shall not issue the marriage notice certificate-
(i) before the expiry of a period of twelve days reckoned from the date of the marriage notice entrymade
by him in respect thereof, unless a party thereto makes applicationinthatbehalfandalsomakesand
subscribes the declaration required by paragraph (5) of this section or
(ii)after the expiry of a period of three months reckoned from that dateand
(b)if he is a Divisional Registrar, shall not issue the marriage notice certificate-
(i) except upon the production of a certified copy of the notice thereof servedonanyotherRegistrar
under that paragraph or
(ii)before the expiry of a period of twelve days reckoned from the date of the marriage notice entrymade
by him in respect thereof or from the date of the marriage notice entry madebysuchotherRegistrarin
respect thereof, whichever date is later, except under the authorityofaspeciallicenseissuedunder
section 19 or upon the production of a marriage notice certificate issued by such other Registrar in respect
of the marriage or
(iii) after the expiry of a period of threemonthsreckonedfromtheearlierofthetwodates
referred to in the last preceding sub-paragraph of this paragraph and
(c)if he is a District Registrar in whose district only one party thereto resided for theperiodreferredto
in that paragraph, shall not issue the marriage notice certificate-
(i) except upon the production of a certified copy of the notice thereof servedonanyotherRegistrar
under that paragraph or
(ii)before the expiry of a period of twelve days reckoned from the date of the marriage notice entrymade
by him in respect thereof or from the date of the marriage notice entry madebysuchotherRegistrarin
respect thereof, whichever date is later, unless a party thereto makes application in that behalfandalso
makes and subscribes the declaration required by paragraph (5) of this section or produces a marriage notice
certificate issued by such other Registrar in respect of the marriage : or
(iii) after the expiry of a period of threemonthsreckonedfromtheearlierofthetwodates
referred to in the last preceding sub-paragraph.
(5) Any party to the marriage who desires to obtain a marriage notice certificate from aDistrictRegistrarbefore
the expiry of the period referred to in paragraph (3) (a) (i) or paragraph (4) (a) (i) or paragraph(4)(c)(ii)of
this section shall appear in person before that Registrar and make and subscribe a declaration to the following effect:
-
(i)that there is no lawful impediment or other lawful hindrance to the marriage and
(ii) that the consent of any person to the marriage is required by this Act and that such consent hasbeen
obtained or that the consent of any person to the marriage is not required by this Act.

The declaration shall bear a stamp or stamps of the prescribed value which shall be supplied by the partymaking
the declaration.
(6) A marriage notice certificate issued by a Registrar under this section-
(a)shall be in the prescribed form
(b)shall contain the prescribed particularsand
(c)shall be signed by the Registrar.

Special licences for issue of marriage notice [6, Law 41 of 1975]
19. (1) The following provisions shall apply in the case of a prospective Kandyan marriage in respect of which aspecial
licence is required for the issue of a marriage notice certificate before the expiryoftheperiodreferredtoin
paragraph (3) (b) (i) of section 18:-
(a)Where notice of the marriage has been served upon the Divisional Registrar for adivisionunderparagraph
(1) or paragraph (3) or paragraph (4) of section 16, a party to the marriage may apply to the DistrictRegistrar
in whose district that division is situated or to such Divisional Registrar foraspeciallicenceauthorizing
such District Registrar or Divisional Registrar to issue a certificate before the expiry of that period.
(b)Subject as hereinafter provided, the DistrictRegistrarorsuchDivisionalRegistrarshall,uponthe
receipt of the application, issue the licence.
(c)The District Registrar or such Divisional Registrar shall not issue the license-
(i) if any lawful impediment or other lawful hindrance to the issue of the certificate has beenshownto
himor
(ii)if any objection has been made under this Act to the issue of the certificate,unlessanorderhas
been made under section 21 overruling that objection.
(d)The District Registrar or such Divisional Registrar shall not issue the license except upontheproduction
of a certified copy of the notice served on the Divisional Registrar.
(e)The District Registrar or such Divisional Registrarshallnotissuethelicenseunlesstheapplicant
therefore makes and subscribes the declaration required by subsection (3) of this section.
(2) The following provisions shall apply in the case of a prospective Kandyan marriage in respect of which aspecial
licence is required for the issue of marriage notice certificates before theexpiryoftheperiodreferredtoin
paragraph (4) (b) (ii) of section 18:-
(a)Where notice of the marriage has been served upon two Divisional Registrars under paragraph (2)ofsection
16, a party to the marriage may apply to the District Registrar in whose district thedivisionofeithersuch
Divisional Registrar is situated, or to either of such Divisional Registrars, for a speciallicenceauthorizing
each such Divisional Registrar to issue a certificate before the expiry of that period.
(b)Subject as hereinafter provided, the District Registrar or either of such Divisional Registrars shall,upon
the receipt of the application, issue the licence.
(c)The District Registrar or such Divisional Registrar shall not issue the license-
(i) if any lawful impediment or other lawful hindrance to the issue of either suchcertificatehasbeen
shown to himor
(ii)if any objection has been made under this Act to the issueofeithersuchcertificate,unlessan
order has been made under section 21 overruling that objection.
(d)The District Registrar or such Divisional Registrar shall not issue the license except upontheproduction
of a certified copy of the notice served on each such Divisional Registrar.
(e)The District Registrar or such Divisional Registrarshallnotissuethelicenseunlesstheapplicant
therefore makes and subscribes the declaration required by subsection (3) of this section.
(3) Before a special license is issued, one of the parties to the intended marriage shallappearinpersonbefore
the Divisional Registrar or the District Registrar, or where notice has been given to two Divisional Registrars, before
either of the two Registrars and make and subscribe a written declaration to the following effect:-
(a)that there is no lawful impediment or other lawful hindrance to the marriage
(b)that the consent of any person to the marriage is required by thisActandthatsuchconsenthasbeen
obtained or that the consent of any person to the marriage is not required by this Actand
(c)that no objection to the issue of the certificate has been made under this Act or thatanysuchobjection
has been made but has been overruled by order made under section 21.
(4) Where the declaration is made before the District Registrar it shall bear stamps to the valueofthirtyrupees
to be supplied by the party making the declaration and wherethedeclarationismadebeforetheDivisional
Registrar it shall be accompanied by a receipt issued by the District Registrar in proof of payment of asumof
thirty rupees.

Objections to issue of marriage notice certificates
20. (1) Any person-
(a)being a person whose consent to a Kandyan marriage is required by this Actor
(b)being a person who is interested in such marriage,
may object in writing to the issue of a marriage notice certificate in respect thereof.
(2) Every objection to the issue of such a certificate-
(a)shall be made to the Registrar who is empowered by this Act to issue the certificate
(b)shall be substantially in the prescribed form
(c)shall state-
(i) the name and address of the objector
(ii)whether the objector makes the objection in his capacity as a person whose consent to the marriageis
required by this Act or as a person who is interested in the marriageand
(iii) the ground or grounds on which the objection is madeand
(d)shall be signed, in the presence of such Registrar, by the objectorandtwocrediblewitnesseswhoare
known to such objector.

Inquiries into objections to issue of marriage notice certificates.
21. (1) Upon the receipt of an objection to the issue of a marriage notice certificate, a Registrar shall,ifheisa
Divisional Registrar, forthwith forward such objection to the District Registrar for the district in which his division
is situated.
(2) Upon the receipt of an objection to the issue of a marriage notice certificateinrespectofanyprospective
Kandyan marriage, made or forwarded to him under section 20 or under this section, a District Registrar shall forthwith
cause a notice to be served upon each party to the marriage and the objector.
(3) The notice-
(a)shall state the nature of the objection to the issue of the certificate
(b)shall indicate that at a time and date specified in the notice the District Registrarwillattendathis
office or at such other place as he may specify in the notice for the purpose of hearing such objection and
(c)shall call upon the person to whom the notice is addressed to appear beforetheDistrictRegistraralong
with his witnesses, if any, on the date and at the time and place so indicated.
(4) The District Registrar shall attend on the date and at the time and place indicated in the notice and shallmake
order upholding or overruling the objection after such summary inquiry as he may deem necessary either on that dateor
on any other date to which he may adjourn or postpone the inquiry.
(5) The District Registrar shall cause a certified copy of the order to be served on each party to theinquiryand,
if the objection was forwarded to him by a Divisional Registrar under this section, on the Divisional Registrar.
(6) Before disposing of the objection, the District Registrar shall give the objector, eachpartytothemarriage
and their respective witnesses, if any, an opportunity of being heard.
(7) A District Registrar shall keep a record in writing of all proceedings taken by him under thissectionforthe
purpose of disposing of an objection to the issue of a marriage notice certificate.

Solemnization of Kandyan marriages.
22. (1) A Registrar, on whom notice of a prospective Kandyan marriage has beenservedunderthisAct,shall,unless
there is any lawful impediment or other lawful hindrancetothemarriage,solemnizethemarriageinthemanner
hereinafter provided upon the production by the parties to the marriage of the following document or documents, asthe
case may be :-
(a)where the provisions of paragraph (1) or paragraph (3) or paragraph (4) of section 16 apply in thecaseof
the marriage, upon the production of the marriage notice certificate issued by such Registrar
(b)where such Registrar is a District Registrar and where both parties to themarriageresidedindifferent
divisions (being divisions situated in his district) for the period referred to in paragraph (2) ofsection16,
upon the production of the marriage notice certificate issued by him
(c)where such Registrar is a District Registrar and where both parties to themarriageresidedindifferent
divisions (one of which is not situated in his district) for the period referred to in paragraph (2)ofsection
16, upon the production of the following marriage notice certificates, namely, themarriagenoticecertificate
issued by such Registrar and the marriage notice certificate issued by any other Registrar on whom notice ofthe
marriage was served under that paragraph
(d)where such Registrar is a Divisional Registrar and where the provisionsofparagraph(2)ofsection16
apply in the case of the marriage, upon the production of the following marriage notice certificates, namely, the
marriage notice certificate issued by such Registrar and the marriage noticecertificateissuedbyanyother
Registrar on whom notice of the marriage was served under that paragraph.
(2) The marriage shall be solemnized by the Registrar-
(a)in the presence of both parties to the marriage and two witnesses
(b)in any authorized place
(c)at any time between the authorized hours on any dayand
(d)in accordance with the provisions of subsection (3) of this section.
(3) Such marriage shall be solemnized-

(a)by the Registrar asking the male party to the marriage, and at the same time causing such party to takethe
female party by the hand, " Do you take this woman (her name in full must be mentioned) to be your wedded wife?
" and
(b)after such male party has answered the question in the affirmative,bytheRegistraraskingthefemale
party to the marriage, and at the same time causing her to take the male party by the hand, " Doyoutakethis
man (his name in full must be mentioned) to be your wedded husband ? " and
(c)by the female party answering the question in the affirmative.

Registration marriages.
23. (1) Immediately after the solemnization of a Kandyan marriage by a Registrar under section 22,theRegistrarshall
comply with the following provisions :-
(a)The Registrar shall register accurately in his Marriage Register the following particulars relatingtothe
marriage : -
(i) the name in full, age, civilcondition(whetherunmarried,widowedordivorced),occupationor
calling and place of residence of each party to the marriage
(ii)the nature of the marriage (whether in binna or diga)whichtheRegistrarisherebyrequiredto
ascertain from the parties thereto prior to making the entryand
(iii) the name in full, occupation or calling and place of residence of each witness to the marriage.
(b)The Registrar shall cause the marriage registration entry consisting of the particularsregisteredinhis
Marriage Register under the preceding provisions of thissection(hereinafterreferredtoasthe"marriage
registration entry ") to be signed by both parties and the witnesses to the marriage.
(c)After the marriage registration entry has been signed by both parties and thewitnessestothemarriage,
the Registrar shall, after satisfying himself that theparticularsrelatingtothemarriagestatedinthe
marriage registration entry correspond with the particulars in the marriage notice certificateorcertificates,
as the case may be, issued under this Act in respect of the marriage, append his own signature to the entry.
(d)If the signature of any person in the marriage registration entry appears to the Registrar to beillegible,
or if any person instead of signing such entry has affixed his thumb impression, the Registrarshallwritethe
name of such person above such signature or thumb impression, as the case may be.
[ 6, Law 41 of 1975]
(2) The marriage registration entry-
(a)shall be prepared in triplicate, that is to say, the original, the second copy (hereinafter referredtoas
the "duplicate"), and a third copy which shall bear an endorsement under the hand of the registrar to theeffect
that it is issued under section 23Aand
(b)shall be made-
(i) in the presence of both parties and the witnesses to the marriage
(ii)in any authorized placeand
(iii) at any time between the authorized hours on any day.
(3) The marriage registration entry made under this section inrespectofthemarriageshallforallpurposes
constitute the registration of the marriage.

issue of copy of marriage registration entry free [6,41 of 1975]
23A.The third copy referred to in the preceding section shall forthwith, free of charge, bedeliveredortransmittedby
post to the female party to the marriage by the registrar.

What constitutes solemnization and registration of Kandyan marriages in authorized places and between authorized hours. [6,
Law 41 of 1975]
24. (1) For the purposes of this Act, a Kandyanmarriageshallbedeemedtobesolemnizedandregisteredinan
authorized place and between the authorized hours on any day-
(a)if the marriage is solemnized and registered by a District Registrar-
(i) in his office at any time between the hours of 6 a.m. and 6 p.m. on that dayor
(ii)in such other place at any time on that day as he may in his absolute discretion determinesotodo
upon written application made in that behalf by a party to the marriageor
(b)if the marriage is solemnized and registered by a Divisional Registrar-
(i) in his office at any time between the hours of 6 a.m. and 6 p.m. on that dayor
(ii)in such other place at any time on that day as the District Registrar in whose district notice ofthe
marriage has been given may authorize the Divisional Registrar so to do uponwrittenapplicationmadein
that behalf by a party to the marriage.
(2) Every application authorized to be made under the preceding provisions of this sectionshallbearastampor
stamps of the prescribed value.

Resolution of doubts. [ 6,41 of 1975]
24A For the resolution of any doubts, it is hereby declared, that, notwithstanding anything to the contrary in section24,
where any Kandyan marriage has, before the coming into operationofthissection,beensolemnizedandregistered
between the hours of 6 a.m. and 6 p.m. at any place outside the office of a District Registrar or Divisional Registrar,
such solemnization and registration shall be deemed to be as valid and effectual, as ifithasbeensolemnizedand
registered between the hours of 6 a.m. and 6 p.m. in the office of the District Registrar or the Divisional Registrar.

Transmission of duplicates of entries made by Registrars.
25. (1) Every Divisional Registrar shall, in respect of each month, send to the Registrar-GeneralthroughtheDistrict
Registrar in whose district his division is situated for custody in the office of the Registrar-General-
(a)the duplicate of every marriage registration entry made by such Divisional Registrar during that monthand
(b)if no such registration entry was made by him during that month, a certificate to that effect:
Provided that a Divisional Registrar shall send that duplicate or certificate direct to the Registrar-General, if
such Registrar is so directed in writing by the Registrar-General.
(2) Every District Registrar shall, in respect of each month, sendtotheRegistrar-Generalforcustodyinhis
office-
(a)the duplicate of every marriage registration entry made by such District Registrar during that monthand
(b) if no such entry was made during that month, a certificate to that effect.
(3) The Registrar-General shall, upon the receipt of any document sent to him under the preceding provisions ofthis
section, cause such document to be filed and preserved in his office.

Replacement of original or duplicate marriage registration entry in certain circumstances.[ 6, Law 41 of 1975]
26. (1) Where the original of a marriage registration entry under this Act is lost, damaged, has become illegibleoris
in danger of becoming illegible, and the duplicate is available, the Registrar-General may, afterdue inquiry, causeto
be substituted therefor, a copy of the duplicate certified by himtohavebeenmadeafterverificationwiththe
duplicate and to be a true copy of the duplicate. Every such copyshallreplacetheoriginalandshall,forall
purposes, be deemed to be the original of the marriage registration entry.
(2) Where the duplicate of a marriage registration entry under this Act is lost, damaged, has become illegible oris
in danger of becoming illegible and the original is in the custody of a Registrar, the Registrar-General may,afterdue
inquiry, cause to be substituted therefore a copy of the original, certified by the Registrar to have beenmadeafter
verification with the original and to be a true copy of the original and, if such Registrar is aDivisionalRegistrar
countersigned by the District Registrar in whose district the division of such Divisional Registrar is situated.Every
such copy shall replace the duplicate and shall, for all purposes, be deemedtobetheduplicateofthemarriage
registration entry.
(3) Where both the original and the duplicate of a marriage registration entry underthisActarelost,damaged,
have become illegible or are in danger of becoming illegible, the provisions of section 13 oftheBirthsandDeaths
Registration Act shall, mutatis mutandis, apply to and in relation to the substitution of copies of suchoriginaland
duplicate. Such copies shall replace the original and duplicate and shall, forallpurposes,bedeemedtobethe
original marriage registration entry and the duplicate of the marriage registration entry, respectively.

Consequences of delay in solemnization and registration of Kandyan marriages.
27. (1)Where a prospective Kandyan marriage is not solemnized and registered-
(a)before the expiry of a period of three months reckoned fromthedateofthemarriagenoticeentryin
respect thereof made by a Registrar under this Actor
(b)if a marriage notice entry in respect thereof has been made byeachoftwoRegistrarsunderthisAct,
before the expiry of a period of three months reckoned from the date of the earlier of such entries,
the notice or notices and entry or entries, as the case maybe,inrespectthereof,andeverycertificate,
license and other document granted or issued in pursuance thereof, shall be null and void and ofnoeffectfor
the purposes of this Act.
(2) The time taken up in disposing of any objection made under this Actagainsttheissueofamarriagenotice
certificate shall not be taken into account for the purpose of the computation of the period of threemonthsreferred
to in subsection (1) of this section or in section 18.

Registration to constitute best evidence of marriage.
28. (1) The registration under this Act of a Kandyan marriage shall be the bestevidenceofthemarriagebeforeall
courts and in all proceedings in which it may be necessary togiveevidenceofthemarriage.Wherethemarriage
registration entry, which under section 23 (3) constitutes such registration, does not indicatewhetherthemarriage
was contracted in binna or diga, the marriage shall be presumed to have been contracted in diga until thecontraryis
proved.
(2) For the purposes of subsection (1) of this section-
(a)the copy, substituted under subsection (1) of section 26, for the original entry made by a Registrar inhis
Marriage Registerand
(b)the copy, substituted under subsection (2) of section 26, for the duplicate entry madebyaRegistrarin
his Marriage Register,
shall be deemed to be an original entry made by the Registrar in such register.

Proof of certain matters not required once Kandy an marriage is registered.
29. After the solemnization and registration of a Kandyan marriage-
(1)it shall not be necessary, in support thereof, to prove-
(a)that any party thereto actually resided in any division or district specified in the notice ofmarriageor
that any such party so resided for the period so specified.
(b)the consent thereto of any person whose consent was required by this Actand
(c)that the marriage was solemnized and registeredinanauthorizedplaceandatanytimebetweenthe
authorized hours on any day and
(2) no evidence shall be given in any suit or other proceedings touching the validity of such marriage to prove-
(a)that any party thereto did not actually reside in the divisionordistrictspecifiedinthenoticeof
marriage or that any such party did not so reside for the period so specified :
(b)that the consent of any person whose consent thereto was required by this Act was not obtained and
(c)that the marriage was not solemnized and registered in an authorized placeandatanytimebetweenthe
authorized hours on any day.

Mode of rectifying failures to register, and errors in registration of Kandyan marriages.
30. (1) Where a Kandyan marriage has not been registered or has been incorrectly registered, a partytheretomayapply
to the Registrar-General to have the marriage registered or correctly registered, as the case may be. Suchapplication
shall be verified by an affidavit made by that party.

(2) Upon the receipt of an application under subsection (1) of this section,theRegistrar-Generalshallcausea
notice to be served upon the applicant and upon such other persons as he may deem fit. Such notice shall-
(a)indicate that at a time and date specified in such notice the Registrar-General will attendathisoffice
or at such other place as he may specify in the notice for the purpose of hearing the application and
(b)calling upon the person to whom the notice is addressed to appear before him on the dateandatthetime
and place so indicated.
The Registrar-General shall also cause to be published, in a conspicuous place at his office, a noticespecifyingthe
particulars set out in paragraph (a) and calling upon all persons interested in the application, if they so desire,to
appear before him on the date and at the time and place indicated in the notice.
(3)The Registrar-General shall attend on the date, and at the time and place, indicated in the noticeanddispose
of the application after such summary inquiry as he may deem necessary, either on that date or onanyotherdateto
which he may adjourn or postpone the inquiry.
(4) Before disposing of the application, the Registrar-Generalshallgiveeachpartyonwhomnoticeofthe
application has been served and his witnesses, if any, as well as each person who appears inresponsetothenotice
published under subsection (2) an opportunity of being heard.
(5) In disposing of the application the Registrar- General shall make order allowing or disallowing theapplication.
Such order shall-
(i)if the application is for the registration of the marriage,requireaDivisionalRegistrarorDistrict
Registrar for the division or district, as the case may be, in which the marriage was contracted to registerthe
marriage or
(ii) if the application is for the correct registration of the marriage, direct a DivisionalRegistraror
District Registrar for the division or district, as the case maybe,inwhichthemarriagewasincorrectly
registered to correctly register the marriage.
(6) No application for the registration or correct registration, as the case may be, of a Kandyan marriageshallbe
allowed by the Registrar-General under this section unless heissatisfiedthatthemarriagewasotherwiseduly
contracted and that the omission to register, or the incorrect registration of, the marriage was not duetoanyact,
default or neglect of either party thereto.
(7) Every Registrar shall comply with any order issued to him by the Registrar-General under this section.
(8) The Registrar-General shall keep a record in writing of all proceedings taken by him under this sectionforthe
purpose of disposing of any application.
(9) The powers conferred on the Registrar-General by the preceding provisions of this sectionmaybeexercisedby
any District Registrar generally or specially authorized in that behalf by the Registrar- General.

Issue of marriage notice certificates and solemnization and registration of Kandyan marriages upon alteration of divisions.
31. (1) Where, by virtue of any Order under section 40, any area whichissituatedwithinanydivision(hereinafter
referred to as the " old division ") becomes, with effect from the date specified in that Order, a separate division or
a part of any other existing division (hereinafter referred to as the "new division"), andwhere,beforethatdate,
notice of a prospective Kandyan marriage is given by a party resident in that area, but the marriage notice certificate
is not issued under section 18 before that dare or the marriage is not solemnizedandregisteredbeforethatdate,
then, notwithstanding anything in this Act, that certificate may be issued, or thatmarriagemaybesolemnizedand
registered, and any other act required by this Act to be done in that connection by a Registrar of the old division may
be done, by a Registrar of the old division or of the new division nominated in that behalf by the Registrar-General or
the District Registrar within whose district that areaissituatedandtheprovisionsofthisActshallapply
accordingly and every such Registrar shall comply with such directions as may begiventohimbytheRegistrar-
General or the District Registrar, as the case may be.
(2) The provisions of subsection (1) shall apply in everycasewhereonedivisionisamalgamatedwithanother
division to form a new division in like manner as those provisions apply to a case whereanareawithinadivision
becomes a separate division or a part of any other existing division.

PART IV

DIVORCES

Grounds for divorce.
32.The dissolution of a Kandyan marriage shall be granted on any of the following grounds:-
(a) Adultery by the wife after marriage.
(b) Adultery by the husband, coupled with incest or gross cruelty.
(c) Complete and continued desertion by the wife for two years.
(d) Complete and continued desertion by the husband for two years.
(e) Inability to live happily together, of which actual separation from bed and board for a period of one yearshall
be the test.
(f) Mutual consent.

Divorce. [ 6,41 of 1975]
33. (1) The male party to a Kandyan marriage may apply for a dissolution of themarriageonanygroundspecifiedin
paragraph (a) or paragraph (c) or paragraph (e) of section 32 and the female parly to a Kandyan marriage may applyfor
a dissolution thereof on any ground specified in paragraph (b) or paragraph (d) or paragraph (e) of that section.Such
application shall be made to the District Registrar for the district in which the party applicant resides, or in a case
where the party applicant resides outside the Kandyan provinces to the District Registrar for the district in which the
respondent resides or in which the marriage was registered.
[ 6, Law 41 of 1975]
(2) Both parties to a Kandyan marriage may jointly apply to the District Registrar for the district inwhicheither
of the parties resides or in a case where both parties reside outside the Kandyan provinces, to the DistrictRegistrar
for the district where the marriage was registered for a dissolutionofthemarriageonthegroundspecifiedin
paragraph (f) of section 32.
(3)The application shall be in writing and shall state-
(a)the name in full and address of each party to the marriage
(b)the nature of the marriage (whether in binna or diga) and the number of surviving children
(c)the ground or grounds upon which the application is madeand
shall be signed by the applicant, or in the case of a joint application, by both the applicants.
(4) The District Registrar shall forthwith, on the receipt of the application, cause a notice to be served uponeach
party to the marriage. The notice-
(a)shall state the ground or grounds upon which the application is made
(b)shall indicate that at a time and date specified in the notice the District Registrarwillattendathis
office or at such other place as he may specify in the notice for the purpose of disposing of such application
and
(c)shall call upon the person to whom the notice is addressed to appear before such Registraralongwithhis
witnesses, if any, on the date and at the time and place so indicated.
(5) The District Registrar shall attend on the date and at the time and placeindicatedinthenoticeandshall
dispose of the application after such summary inquiry as he may deem necessary either on that date or on any other date
to which he may adjourn or postpone the inquiry.
(6)In disposing of the application the District Registrar shall, in his discretion, make order-
(a)granting the dissolution of the marriage in respect of which the application was made or
(b)refusing to grant the dissolution of such marriage.
(7) In making an order under this section granting the dissolution of a Kandyan marriage, the District Registrar-
(i)shall, if both parties to the marriage have agreed upon any compensation to be made toeitherorbothof
the parties on account of the dissolution thereof, embody the terms of the agreement in his order at therequest
of the parties
(ii) may, in his discretion, provide in the order that thehusbandshallpayacertainsumofmoney
periodically or make other provision for the maintenance of his wife (if, but only if, the order does notembody
any agreement under paragraph (i) of this subsection for compensation to be made to her) and
(iii)may, in his discretion, provide in the order that thehusbandshallpayacertainsumofmoney
periodically or make other provision for the maintenance of his children.
(8) Before disposing of any application under this section, the District Registrarshallgiveeachpartytothe
marriage and his or her witnesses, if any, an opportunity of being heard.
(9) The District Registrar shall cause a copy of his order to be served upon each party to the marriage.
(10)Subject to the provisions of subsection (11), an order granting the dissolution ofaKandyanmarriagewhether
made by the District Registrar under this section or by the District Court on appeal shall be entered bytheDistrict
Registrar in his Divorce Register. The entry aforesaid shall forallpurposesconstitutetheregistrationofthe
dissolution of the marriage and accordingly the date on which such entry is made shall for thepurposesaforesaidbe
the date of such registration as well as the date of such dissolution.
(11)No order granting the dissolution of a Kandyan marriage made by the District Registrar under thissectionshall
be entered by him in his Divorce Register-
(a)until the time limit for an appeal expiresand
(b)where an appeal is preferred, until the District Court confirms the order.
Where the District Court makes an order confirming the order of the District Registrar subjecttoanyvariationsor
modifications, the order as so varied or modified shall be entered in the Divorce Register.
[ 6 Law 41 of 1975]
(12)(a)It shall be the duty of the District Registrar to make the entry in his Divorce Register in respect ofsuch
order in accordance with the provisions of this section.
(b)Every such entry shall be prepared in triplicate, that is to say, the original (which shall beretainedby
the District Registrar), the second copy (hereinafter referred to as the "duplicate"), andathirdcopywhich
shall bear an endorsement that it is issued under the hand of the District Registrar under this section.
(c)The third copy shall forthwith, free of charge, be delivered or transmitted by post to thepartyapplicant
and in the case of a joint application, to the female party.
(13) A District Registrar shall keep a record in writing of all proceedings taken by him under this sectionforthe
purpose of disposing of the application for the dissolution of a Kandyan marriage.
[ 6, Law 41 of 1975]
(14) Every District Registrar shall, in respect of each month, by suchdateasmaybefixedbytheRegistrar-
General, send to the Registrar-General for custody in his office-
(a)the duplicate of every registration entry made under subsection (10) by such District Registrar duringthat
monthand
(b)if no such entry was made during that month, a certificate to that effect.
[ 6,41 of 1975]
(15)Where the original of the registration entry referredtoinsubsection(10)islost,damaged,hasbecome
illegible or is in danger of becoming illegible, and the duplicate is available, the Registrar-General may, aftersuch
inquiry as he may deem necessary, cause such original to be replaced by a copy of the duplicatecertifiedbyhimto
have been made after verification of the copy with the duplicate. Every such copy shall replace the original and shall,
for all purposes, be deemed to be the original of the registration entry made under subsection (10),
[ 6, Law 41 of 1975]
(16)Where the duplicate of a registration entry made under subsection (10) is lost, damaged, has become illegibleor
is in danger of becoming illegible and the original is in the custody of the District Registrar, theRegistrar-General
may, after such inquiry as he may deem necessary, cause to be substituted therefor a copy of the original certifiedby
the District Registrar to have been made after verification with the original and to be a true copyoftheoriginal.
Every such copy shall replace the duplicate of the registration entry and shall, for all purposes, be deemed to bethe
duplicate of the original registration entry made under subsection (10).
[ 6, Law 41 of 1975]
(17)Where both the original of the registration entry made under subsection(10)andtheduplicatesenttothe
Registrar-General under subsection (14) are lost,damaged,havebecomeillegibleorareindangerofbecoming
illegible, the provisions of section 13 of the Births and Deaths Registration Act shall, mutatis mutandis, apply to and
in relation to the substitution of copies of such original and duplicate. Such copies shall replacetheoriginaland
duplicate and shall, for all purposes, be deemed to be the original of the divorce registration entry and the duplicate
of the original divorce registration entry, respectively.

Appeals.
34. (1) Any party to a Kandyan marriage who is aggrieved by the order made by a DistrictRegistrarontheapplication
for a dissolution of the marriage may appeal against such order in the mannerhereinafterprovidedtotheDistrict
Court of the district in which such party resides.
(2)The appeal shall be preferred by means of a writtenpetitionverifiedbyanaffidavitmadebytheparty
appellant within thirty days of the service on such party of the order of the District Registrar.
(3)The petition of appeal shall bear a stamp or stamps of the prescribed valuewhichshallbesuppliedbythe
appellant.
(4)The petition of appeal-
(a)shall be in the prescribed form
(b)shall state the names and addresses of the appellant and the other party to the marriage
(c)shall state the ground or grounds on which the appeal is made
(d)shall contain such other particulars as may be prescribedand
(e)shall be signed by the appellant.
(5) The petition of appeal shall be forwarded in the first instance to the DistrictRegistraragainstwhoseorder
the appeal is preferred. Such Registrar shall, on the receipt of the petition, immediately forward it totheDistrict
Court along with the relevant record kept by him under section 33.
(6) The District Court may, on any appeal under this section, make order-
(a)confirming the order of a District Registrar or
(b)confirming such order subject to such variations or modifications as the District Court maydeemnecessary
or
(c)setting aside such order and, if such order is an order refusing to grant the dissolution ofthemarriage,
granting the dissolution of the marriage.
(7) Subject to such rules as may be made in that behalf by the Supreme Court, the procedure tobefollowedonany
appeal to the District Court under this section shall be such as may be determined by the court.
(8) The District Court shall cause a copy of any order made by the court under this section tobeserveduponthe
District Registrar and it shall be the duty of that Registrar to comply with such order.

Special provisions relating to orders for the dissolution of Kandyan marriages.
35. (1) Save as otherwise expressly provided in subsection (2), an order for the dissolution of a Kandyanmarriagemade
under this Act may, in so far and in so far only as it makes provision for any matter specified inparagraph(ii)or
paragraph (iii) of subsection (7) of section 33, be enforced, discharged, modified or suspended and, ifdischargedor
suspended, be revived, by a District Court as though it were a like order made by that court under Chapter XLII ofthe
Civil Procedure Code.
(2) No order for the dissolution of a Kandyan marriage made under this Act shall, in so far and in so far only asit
makes provision for the wife in respect of any matter specified in paragraph (ii) of subsection (7) of section33,be
discharged except upon proof that she has been habitually cohabiting with any man since the date of dissolution ofthe
marriage.

Registration best evidence of divorce.
36. The registration under this Act of thedissolutionofaKandyanmarriageshallbethebestevidenceofsuch
dissolution before all courts and in all proceedings in which it may be necessary to give evidence of such dissolution.

PART V

ADMINISTRATIVE ARRANGEMENTS

Registrar general
37. (1) The person for the time being holding office -as the Registrar-General of Marriages for Sri Lankashallbethe
Registrar-General of Kandyan Marriages for the purposes of this Act.
(2) The Registrar-General shall supervise and control the solemnization and registrationofKandyanmarriagesand
the registration of dissolutions thereof under this Act and all other persons appointed for or engaged in carryingout
the provisions of this Act.

Assistant Registrar-general
38. Every person for the time being holding office as an Assistant Registrar-General of Marriages for SriLankashallbe
an Assistant Registrar-General of Kandyan Marriages for the purposes of this Act.

District Registrars.
39. (1) For each district which includes within its limits any part of the Kandyan provinces there shallbeaDistrict
Registrar of Kandyan Marriages.
[ 8, 22 of 1955']
(2) For any district referred to in subsection (1) the (Seesection4oftheTransferofPowers(Divisional
Secretaries) Act, No. 58 of 1992.) *Government Agent of that district shall be the District Registrar. (Seesection4
of the Transfer of Powers ( Divisional Secretaries) Act, No. 58 of 1992.)*
(3) Every Additional Government Agent, Assistant Government Agent, Additional Assistant Government AgentandOffice
Assistant to a Government Agent, of a district shall be an Additional District Registrar for that district.
(4) In the case of any district referred to in subsection (1)anypersonmaybeappointedtobetheDistrict
Registrar in place of the officer specified in subsection (2), and any person,otherthananofficerspecifiedin
subsection (3), to be an Additional District Registrar.
(5) Every District Registrar shall, subject to the provisions of section 42, supervise and control thesolemnization
and registration of Kandyan marriages and the registration of divorces under this Act in hisdistrictandallother
persons appointed for or engaged in carrying out the provisions of this Act in his district.

Division of Kandyan provinces into divisions.
40. The Minister may from time to time, by Order published in the Gazette, divide each district which includeswithinits
limits any part of the Kandyan provinces into such number of divisions for the purposes of thisActashemaydeem
necessary, and may at any time by a like Order abolish, or vary the limits of, any such division.

Appointment of Registrars of Kandyan Marriages.
41. (1) There may from time to time be appointed a fit and proper person or each of two or more such persons to be orto
act as a Registrar of Kandyan Marriages for each division.
(2) In the event of the death, sudden illness or incapacity of a Divisional Registrar for a division or in theevent
of any other emergency, the Registrar- General or the District Registrar in whose district thatdivisionissituated
may, by writing under his hand, appoint a fit and proper person to actinplaceofsuchDivisionalRegistrarso,
however, that no such appointment shall be made by a District Registrar for any period exceeding thirty days at any one
time.
(3) Every appointment of a Divisional Registrar made by the Registrar-General or theDistrictRegistrarunderthe
provisions of subsection (2) shall be forth with entered under his hand in a book which he shall keep for the purpose.

Powers and duties of officers.
42. (1) In the exercise, performance or discharge of the powers, duties or functions conferred orimposedbyorunder
this Act-
(a)each Assistant Registrar-General shall be subject to the general supervision and control oftheRegistrar-
General
(b)each District Registrar shall be subject to the general supervision and controloftheRegistrar-General
and
(c)each Divisional Registrar shall be subject to the general supervision and control of the DistrictRegistrar
for the district in which his division is situated.
(2) Subject to any directions issued by the Minister and subject tothegeneralsupervisionandcontrolofthe
Registrar-General-
(a)each Assistant Registrar-General mayexercise,performordischargethepowers,dutiesorfunctions
conferred or imposed by or under this Act upon the Registrar-Generaland
(b)each District Registrar may exercise, perform or discharge the powers,dutiesorfunctionsconferredor
imposed by or under this Act on a Divisional Registrar.

Residence, office and additional offices of Divisional Registrars.
43. (1) Save as hereinafter provided, every Divisional Registrar shall-
(a) reside and establish his office in such convenient place in his divisionasshallbeappointedbythe
District Registrar for the district in which such division is situated and
(b) if so directed by that District Registrar, establish in his division such number of additionalofficesas
may be approved by the District Registrar :
Provided that a District Registrar may, in the special circumstances of any case and with thepriorapprovalofthe
Registrar-General, authorize a Divisional Registrar for any division which is situated in his district to reside orto
have his office or to establish any additional office at a place outside his division.
(2) Every District Registrar shall forthwith notify to the Registrar-General theplacesappointedbyhimasthe
residence, office and additional office or offices (if any of every Divisional Registrar in his district.

Attendance of Divisional Registrar at office, c.
44. Every Divisional Registrar shall-
(a) attend his office and each additional office (if any) on such days and during such hours as shall,respectively,
be appointed by the District Registrar for the district in which his division is situated and
(b) cause his name, with the words " Registrar of Kandyan Marriages ", the name of his division,andthedaysand
hours of his attendance as appointed by the District Registrar, to be placed in legible charactersinSinhala,Tamil
and English on a conspicuous place near the entrance of his office and each additional office (if any).

Books to be kept by Registrars.
45. (1) Every Registrar shall keep-
(a)a book to be called the " Marriage Notice Register " substantially in the prescribed form
(b)a book to be called the " Marriage Register" substantially in the prescribed form and
(c)such other books as he may be required to keep by or under the provisions of this Act.
(2) Every District Registrar shall keep a book to be called the " Divorce Register" substantially intheprescribed
form.
(3) Every entry made by a Registrar in his Marriage Notice Register, Marriage Register and byaDistrictRegistrar
in his Divorce Register shall be numbered consecutively.
(4)The Registrar-General and each District Registrar shall keep, for the purposes of this Act, suchbooksasmay
be prescribed in such form as may prescribed.
(5) Save as otherwise provided by or under this Act, the Registrar-General and every Registrar shallnotallowany
book or other documents kept by him under this Act to leave his possession except in compliance withtheorderofa
competent court.

Publication of lists or Divisional Registrars and their offices, c.
46. The Registrar-General may from time to time publish in the Gazette a list of the Divisional RegistrarsinSriLanka,
with their names and the names of their divisions, offices and additional offices (if any),

Power to make rules.
47. (1) The Minister may from time totimemakerulesforthedirectionoftheRegistrar-General,theDistrict
Registrars, Divisional Registrars, and all persons whomsoever in the discharge of their duties under this Act, forall
matters required by this Act to be prescribed, and generally for carrying out the principlesandprovisionsofthis
Act.
(2) No rule made under this section shall have effect until it is approved by Parliamentandnotificationofsuch
approval is published in the Gazette.
(3) Upon the publication in the Gazette of a notification to the effect that a rule made bytheMinisterhasbeen
approved by Parliament, that rule shall be as valid and effectual as if it were herein enacted.

PART VI

GENERAL

Production of books, c. for inspection.
48. (1) Every Divisional Registrar shall, if called upon to do so by the Registrar-GeneralortheDistrictRegistrar,
produce for the inspection of the Registrar-General or District Registrar, as thecasemaybe,anybookorother
document which is in his possession in his capacity as Divisional Registrar.
(2) Every book or other document kept by the Registrar-General or a Registrar under this Act shallbeopentothe
inspection of any person on payment of the prescribed fee.

Custody of registers, c
49. (1) Every Divisional Registrar shall transmit every register which is completed by him to the District Registrar.
(2) Every District Registrar shall preserve in his office every register which is completed by him as wellasevery
register which is transmitted to him under subsection (1).

Surrender of records by Registrar on his ceasing to hold office.
50. A person shall, on his ceasing to hold office as a Divisional Registrar for a division, transmit assoonaspossible
to the District Registrar in whose district that division is situated all books, documents and other papers whichwere
in his possession in his capacity as Registrar. The District Registrar shall carefully pre serve in his office allthe
books, documents and other papers so transmitted, and in the event of the appointment of a successor tosuchretiring
Registrar, transmit such books, documents and other papers to such successor.

Correction of clerical errors in registers.
51. The Registrar-General or any other person authorized in that behalf by the Registrar-General may, aftersuchinquiry,
as he may deem necessary, correct any clerical error which may from time to time be discoveredinanyregisterkept
under this Act.

Destruction of documents.
52. Notwithstanding anything in this Act, a DistrictRegistrarmaycauseanyMarriageNoticeRegister,certificate,
license, application, notice or declaration which is served on him, or forwarded or transmitted to him, under thisAct
to be destroyed after a period of ten years from the date of the last entry in such register or from thedateofthe
certificate, license, application, notice or declaration, as the case may be.

Powers in relation to inquiries.
53. (1) For the purposes of any inquiry under this Act, the Registrar-General or any District Registrar may-
(a)by summons in writing require the production before him of alldocumentsandpaperswhichhemaydeem
necessary and may require any person holding or accountable for any such documents or papers to appear before him
at such inquiry and to make and sign a declaration in respect of the same
(b)by summons in writing, require the attendance before him at such inquiry of any person whomhemaydesire
to examine on oath and
(c)administer an oath or affirmation to any person referred to in paragraph (b).
(2) Any person who-
(a)neglects or refuses to produce any documents or papers, or to make or sign a declaration, whenrequiredto
do so under subsection (1) and
(b)neglects or refuses to attend any inquiry when required to do so under subsection (1) or
(c)gives false evidence at any inquiry under this Act, shall be guilty of an offence under this Act
shall be liable on conviction to a fine not exceeding one hundred rupees.

Fees.
54.Such fee as may be prescribed shall be payable in advance-
(a) to a District Registrar for the solemnization and registration of a prospective Kandyan marriage whetherathis
office or at any other authorized place or
(b) to a Divisional Registrar for the solemnization andregistrationofsuchmarriageatanyauthorizedplace
outside his office,
by the person requiring such Registrar to solemnize and register the marriage and notwithstandinganythinginthis
Act, if such fee is not so paid in advance such Registrar may refuse to solemnize and register the marriage.

PART VII

MISCELLANEOUS

Adjustments
55. In connection with the preliminary arrangements necessary for bringing this Act intooperation,eithergenerallyor
with reference to any special matter or matters, either throughout the Kandyanprovincesorinanyspecifiedpart
thereof, the Minister, by Order published in the Gazette, may issue all such directions as he may deem necessary with a
view to providing for any unforeseen or special circumstances, or to determining or adjusting any questionormatter,
for the determination or adjustment of which no provision or effective provision is made by this Act.

Certified copies of books, c.
56. (1) A person may on application made in that behalf and on payment of the prescribed fee, obtain from theRegistrar-
General or any Registrar a certified copy of or an extract from, any entry in a book or document in thepossessionof
the Registrar-General or Registrar, as the case may be.
[ 6, Law 41 of 1975]
(2) Such copy or extract, if purporting to be made under the hand of the Registrar-General or an Assistant Registrar-
General or the District Registrar or an Additional District Registrar or the Divisional Registrar andthethirdcopy
issued under sections 23A and 33 (12) shall be received as prima facie evidence of thematterstowhichitrelates
without any further proof of the entry.

Service of notices.& c.
57. (1) Any notice, certificate, order, application or other document required or authorized forthepurposesofthis
Act to be served on, or issued or forwarded or transmitted to, any personmaybesoserved,issued,forwardedor
transmitted-
(a)by delivering it to that person
(b)by leaving it at the usual or last known place of abode of that person or, in thecaseoftheRegistrar-
General or a Registrar, at his office or
(c)by sending it by post addressed to that person at his usual or last known place of abode or, in the caseof
the Registrar-General or a Registrar, at his office.
(2) Any notice, certificate, order, application or other document required or authorized forthepurposesofthis
Act to be served on or issued or forwarded or transmitted to the Registrar-General or a Registrar shall be deemed to be
duly served, issued, forwarded or transmitted if delivered at or sent by registered post to the office of the Registrar-
General or Registrar, as the case may be.
(3) Any notice, certificate, order or other document required or authorized forthepurposesofthisActtobe
served, issued, forwarded or transmitted by the Registrar-General or a Registrar shall be in Sinhala, Tamil or English.

Expenses.
Cont..




Kapruka office locations and contact information:
USA: 4461 Wellington Gardens Drive, Lexington, KY40513, USA
(Phone/Fax: +1-859-215-0159) - lexingtonky.office @kapruka.com
United Kingdom: 145-157 St John Street, London EC1V 4PY, UK
(Phone/Fax: +44-207-078-4149) - london.office@kapruka.com
Sri Lanka: 400/60/7 Sarana Road, Colombo 7, Sri Lanka.
(Phone) +94-71-555-1111 - colombo.office @kapruka.com 

Toll Free USA/Canada: 1-800-651-5099 (Customer Feedback)


© 2000-2014 Kapruka - www.kapruka.com - Legal Services in Sri Lanka