MARRIAGE AND DIVORCE (KANDYAN)

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

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

2 . The provisions of this Act shall not, unless otherwise expressly provided therein, apply to marriages contracted before the appointed date.

(1) Subject to the provisions of this Act-

(a) a marriage, between persons subject to Kandyan law, shall be solemnized and registered under this Act or under the Marriage Registration Ordinance; and

(b) any such marriage which is not so solemnized and registered shall be invalid.

(2) The fact that a marriage, between persons subject to Kandyan law, is solemnized and registered under the 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.

(1) No Kandyan marriage contracted after the coming into force of this subsection, shall be valid if, at the time of marriage-

(a) either party thereto is under the lawful age of marriage; or

(b) both parties thereto are under the lawful age of marriage.

(2) Notwithstanding anything in subsection (1), a Kandyan marriage shall be deemed not to be or to have been invalid under that subsection by reason of one party and one party only thereto being, at the time of marriage, 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 aforesaid has 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 been invalid under that subsection by reason, of both parties thereto being, at the time of marriage, under the lawful age of marriage-

(a) if both such parties cohabit as husband and wife for a period of one year after they both have attained the 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.

(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 full or the half-blood, or the daughter of his brother or of his sister by the full or the half-blood, or a descendant from either of them, or the daughter of his wife by another father, or his son’s or grandson’s or father’s or grandfather’s widow ; or

(c) if the male party thereto is the brother of the female party thereto either by the full or the half-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 by another mother, or her deceased daughter’s or granddaughter’s or mother’s or grandmother’s husband.

(2) No marriage or cohabitation shall take place between persons who, being subject to Kandyan law, stand towards each other in any of the degrees of relationship specified in paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) of this section ; and in the event of any marriage or cohabitation between such persons, each such person shall be guilty of an offence under this Act.

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.

7 . A valid Kandyan marriage shall render legitimate any children who may have been procreated (whether before or after the appointed date) by the parties thereto previous to such marriage and children so legitimized shall be entitled to the same and the like rights as if they had been procreated by the parties thereto subsequent to such marriage.

(1) The consent of a competent authority is hereby required to the marriage under this Act of a minor subject to 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 to give or refuse his consent by 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, or are unable to give or refuse consent by reason of absence from Sri Lanka, the guardian or guardians of the minor appointed by the father or, if the father is dead, or is under any legal incapacity, by the mother or, if the mother is dead, or is under any legal incapacity, by a competent court; or

(d) if both the father and mother of the minor are dead, or are under any legal incapacity, or are unable to 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 a competent court; or

(ii) the guardian or guardians so appointed is or are dead, or is or are under any legal incapacity, or is 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.

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

(1) A District Registrar shall, if he is a competent authority in relation to a minor, entertain any application 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 written petition either by the minor or by any other person 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.

(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 of the minor, state the name and address of the minor ;

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

(f) shall be signed by the applicant.

(5) Upon the receipt of the petition, the District Registrar shall forthwith cause a notice to be served upon the applicant, and, if the applicant is merely a person interested in the marriage of the minor, upon the minor.

(a) shall indicate that at a time and date specified in the notice the District Registrar will attend at his 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 the Registrar along with his 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 place indicated in the notice and shall 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 shall communicate his decision in writing to the 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 applicant and, if the applicant is merely a person interested in the marriage of the minor, the minor and their respective witnesses, if any, an opportunity of being heard.

(9) The District Registrar shall keep a record in writing of all proceedings taken by him under this section for the purpose of disposing of the application.

(1) An appeal against the refusal of a competent authority to give his consent to the marriage of a minor under 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 written petition either by the minor or by any other person 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 as a competent authority in relation to the minor may be preferred by any person who is merely a person interested in the 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 prescribed value which shall be supplied by the 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 appeal is preferred ;

(d) shall state in what capacity he makes the appeal;

(e) shall, if the appellant is merely a person interested in the marriage of the minor, state the name and 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 his capacity as a competent authority, the petition of appeal shall in the first instance be forwarded to that Registrar. Such Registrar shall forthwith, upon the receipt of the petition, forward it to the District Court along with the relevant record kept by him under section 10.

(1) Subject to the provisions of subsection (2), a District Court may, in its absolute discretion, on any appeal 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 under subsection (1) (b) of this section unless the court is satisfied that the refusal of a competent authority to consent to the marriage of a minor under this Act is unreasonable.

(3) The District Court shall cause a copy of the order to be served upon the appellant, the competent authority and, 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 not be subject to appeal.

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

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

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

16 . Every prospective Kandyan marriage shall be notified to the appropriate Registrar hereinafter y specified by the service of notice thereof on such Registrar as hereinafter provided :-

(1) Where both parties thereto have resided in the same division for a period of not less than ten days reckoned from the date of service or the notice, one party thereto shall serve notice thereof on the Divisional 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 for the division in 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 preceding provisions 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 referred to in paragraph (1) of this section, that party shall serve notice thereof on the Divisional Registrar for that division or on the 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 for that 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 other party may give notice thereof 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-

(i) the name in full (including, if it is different, the name by which the party is commonly 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 case may be, of that Registrar ;

(b) shall bear on its face or have attached thereto the written consent of any person whose consent to the marriage is required by this Act;

(c) shall contain a declaration made under para- graph (7) of this section and a certification by 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 serving the 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 before the Registrar and, in the presence of the Registrar and two witnesses, make and subscribe a declaration to the following effect :-

(a) that to the best of that party’s knowledge and belief the particulars stated in the notice are true 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 parties thereto are minors or that one party thereto is a minor ; and

(d) that the consent of any person thereto is required by this Act and that such consent has been 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, if the party is not known to the Registrar, to the Registrar, The name in full, occupation or calling and place of residence of each witness shall be entered at the foot of the declaration.

(9) After the declaration has been made and subscribed by a party thereto, the Registrar shall certify by endorsement at the foot of the declaration-

(a) that the party is not known to the Registrar and that the witnesses are known to the Registrar or 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.

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 specified in the notice as 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 notice or of a prescribed extract thereof at some conspicuous place in his office for a continuous period of at least twelve days reckoned from the date of the marriage notice entry.

(d) Where both parties to the marriage resided in different divisions for the period 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 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.

18 . The following provisions shall apply in any case where notice of a prospective Kandyan marriage has been served on a Registrar under this Act: –

(1) Subject as hereinafter provided, the Registrar shall, upon application made in that behalf by a party thereto, issue to that party a certificate (hereinafter referred to as a ” marriage notice certificate “) in respect of the 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 made to him under this Act, 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 the receipt by him 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 the case of the marriage, 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 entry made by him in respect thereof, unless a party thereto makes application in that behalf and also makes and 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 entry made 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 referred to in 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 entry made by him in respect thereof, unless a party thereto makes application in that behalf and also makes and 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) except upon the production of a certified copy of the notice thereof served on any other Registrar under that paragraph ; or

(ii) before the expiry of a period of twelve days reckoned from the date of the marriage notice entry made by him in respect thereof or from the date of the marriage notice entry made by such other Registrar in respect thereof, whichever date is later, except under the authority of a special licence issued under 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 three months reckoned from the earlier of the two dates 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 the period referred to in that paragraph, shall not issue the marriage notice certificate-

(i) except upon the production of a certified copy of the notice thereof served on any other Registrar under that paragraph ; or

(ii) before the expiry of a period of twelve days reckoned from the date of the marriage notice entry made by him in respect thereof or from the date of the marriage notice entry made by such other Registrar in respect thereof, whichever date is later, unless a party thereto makes application in that behalf and also 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 three months reckoned from the earlier of the two dates referred to in the last preceding sub-paragraph.

(5) Any party to the marriage who desires to obtain a marriage notice certificate from a District Registrar before 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 has been 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 party making 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 particulars; and

(c) shall be signed by the Registrar.

(1) The following provisions shall apply in the case of a prospective Kandyan marriage in respect of which a special licence is required for the issue of a marriage notice certificate before the expiry of the period referred to in paragraph (3) (b) (i) of section 18:-

(a) Where notice of the marriage has been served upon the Divisional Registrar for a division under paragraph (1) or paragraph (3) or paragraph (4) of section 16, a party to the marriage may apply to the District Registrar in whose district that division is situated or to such Divisional Registrar for a special licence authorizing such District Registrar or Divisional Registrar to issue a certificate before the expiry of that period.

(b) Subject as hereinafter provided, the District Registrar or such Divisional Registrar shall, upon the receipt of the application, issue the licence.

(c) The District Registrar or such Divisional Registrar shall not issue the licence-

(i) if any lawful impediment or other lawful hindrance to the issue of the certificate has been shown to him; or

(ii) if any objection has been made under this Act to the issue of the certificate, unless an order has been made under section 21 overruling that objection.

(d) The District Registrar or such Divisional Registrar shall not issue the licence except upon the production of a certified copy of the notice served on the Divisional Registrar.

(e) The District Registrar or such Divisional Registrar shall not issue the licence unless the applicant therefor 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 a special licence is required for the issue of marriage notice certificates before the expiry of the period referred to in paragraph (4) (b) (ii) of section 18:-

(a) Where notice of the marriage has been served upon two Divisional Registrars under paragraph (2) of section 16, a party to the marriage may apply to the District Registrar in whose district the division of either such Divisional Registrar is situated, or to either of such Divisional Registrars, for a special licence authorizing 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 licence-

(i) if any lawful impediment or other lawful hindrance to the issue of either such certificate has been shown to him; or

(ii) if any objection has been made under this Act to the issue of either such certificate, unless an order has been made under section 21 overruling that objection.

(d) The District Registrar or such Divisional Registrar shall not issue the licence except upon the production of a certified copy of the notice served on each such Divisional Registrar.

(e) The District Registrar or such Divisional Registrar shall not issue the licence unless the applicant therefor makes and subscribes the declaration required by subsection (3) of this section.

(3) Before a special licence is issued, one of the parties to the intended marriage shall appear in person before 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 this Act and that such consent has been obtained or that the consent of any person to the marriage is not required by this Act; and

(c) that no objection to the issue of the certificate has been made under this Act or that any such objection 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 value of thirty rupees to be supplied by the party making the declaration and where the declaration is made before the Divisional Registrar it shall be accompanied by a receipt issued by the District Registrar in proof of payment of a sum of thirty rupees.

(a) being a person whose consent to a Kandyan marriage is required by this Act; or

(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;

(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 marriage is required by this Act or as a person who is interested in the marriage; and

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

(d) shall be signed, in the presence of such Registrar, by the objector and two credible witnesses who are known to such objector.

(1) Upon the receipt of an objection to the issue of a marriage notice certificate, a Registrar shall, if he is a 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 certificate in respect of any prospective 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.

(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 Registrar will attend at his 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 before the District Registrar along 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 shall make order upholding or overruling the objection 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.

(5) The District Registrar shall cause a certified copy of the order to be served on each party to the inquiry and, 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, each party to the marriage 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 this section for the purpose of disposing of an objection to the issue of a marriage notice certificate.

(1) A Registrar, on whom notice of a prospective Kandyan marriage has been served under this Act, shall, unless there is any lawful impediment or other lawful hindrance to the marriage, solemnize the marriage in the manner hereinafter provided upon the production by the parties to the marriage of the following document or documents, 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 of 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 the marriage resided in different divisions (being divisions situated in his district) for the period referred to in paragraph (2) of section 16, upon the production of the marriage notice certificate issued by him ;

(c) where such Registrar is a District Registrar and where both parties to the marriage resided in different divisions (one of which is not situated in his district) for the period referred to in paragraph (2) of section 16, upon the production of the following marriage notice certificates, namely, the marriage notice certificate issued by such Registrar and the marriage notice certificate issued by any other Registrar on whom notice of the marriage was served under that paragraph ;

(d) where such Registrar is a Divisional Registrar and where the provisions of paragraph (2) of section 16 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 notice certificate issued by any other 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 day; and

(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 take the 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, by the Registrar asking the female party to the marriage, and at the same time causing her to take the male party by the hand, ” Do you take this 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.

(1) Immediately after the solemnization of a Kandyan marriage by a Registrar under section 22, the Registrar shall comply with the following provisions :-

(a) The Registrar shall register accurately in his Marriage Register the following particulars relating to the marriage : –

(i) the name in full, age, civil condition (whether unmarried, widowed or divorced), occupation or calling and place of residence of each party to the marriage ;

(ii) the nature of the marriage (whether in binna or diga) which the Registrar is hereby required to ascertain from the parties thereto prior to making the entry; and

(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 particulars registered in his Marriage Register under the preceding provisions of this section (hereinafter referred to as the ” 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 the witnesses to the marriage, the Registrar shall, after satisfying himself that the particulars relating to the marriage stated in the marriage registration entry correspond with the particulars in the marriage notice certificate or certificates, 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 be illegible, or if any person instead of signing such entry has affixed his thumb impression, the Registrar shall write the name of such person above such signature or thumb impression, as the case may be.

(2) The marriage registration entry-

(a) shall be prepared in triplicate, that is to say, the original, the second copy (hereinafter referred to as the “duplicate”), and a third copy which shall bear an endorsement under the hand of the registrar to the effect that it is issued under section 23A; and

(b) shall be made-

(i) in the presence of both parties and the witnesses to the marriage;

(ii) in any authorized place; and

(iii) at any time between the authorized hours on any day.

(3) The marriage registration entry made under this section in respect of the marriage shall for all purposes constitute the registration of the marriage.

23A . The third copy referred to in the preceding section shall forthwith, free of charge, be delivered or transmitted by 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.

(1) For the purposes of this Act, a Kandyan marriage shall be deemed to be solemnized and registered in an 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 day; or

(ii) in such other place at any time on that day as he may in his absolute discretion determine so to do upon written application made in that behalf by a party to the marriage; or

(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 day; or

(ii) in such other place at any time on that day as the District Registrar in whose district notice of the marriage has been given may authorize the Divisional Registrar so to do upon written application made in that behalf by a party to the marriage.

(2) Every application authorized to be made under the preceding provisions of this section shall bear a stamp or stamps of the prescribed value.

24A .(* Section 24A operation form 1st day of November, 1978 – See Gazette No, 7 of 20.10.1978.)* For the resolution of any doubts, it is hereby declared, that, notwithstanding anything to the contrary in section 24, where any Kandyan marriage has, before the coming into operation of this section, been solemnized and registered 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 if it has been solemnized and registered between the hours of 6 a.m. and 6 p.m. in the office of the District Registrar or the Divisional Registrar.

(1) Every Divisional Registrar shall, in respect of each month, send to the Registrar-General through the District 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 month; and

(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, send to the Registrar-General for custody in his office-

(a) the duplicate of every marriage registration entry made by such District Registrar during that month; and

(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 of this section, cause such document to be filed and preserved in his office.

(1) Where the original of a marriage registration entry under this Act is lost, damaged, has become illegible or is in danger of becoming illegible, and the duplicate is available, the Registrar-General may, after due inquiry, cause to be substituted therefor, a copy of the duplicate certified by him to have been made after verification with the duplicate and to be a true copy of the duplicate. Every such copy shall replace the original and shall, for all 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 or is in danger of becoming illegible and the original is in the custody of a Registrar, the Registrar-General may, after due inquiry, cause to be substituted therefor a copy of the original, certified by the Registrar to have been made after verification with the original and to be a true copy of the original and, if such Registrar is a Divisional Registrar 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 deemed to be the duplicate of the marriage registration entry.

(3) Where both the original and the duplicate of a marriage registration entry under this Act are lost, damaged, have become illegible or are in danger of becoming 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 replace the original and duplicate and shall, for all purposes, be deemed to be the original marriage registration entry and the duplicate of the marriage registration entry, respectively.

(1) Where a prospective Kandyan marriage is not solemnized and registered-

(a) before the expiry of a period of three months reckoned from the date of the marriage notice entry in respect thereof made by a Registrar under this Act; or

(b) if a marriage notice entry in respect thereof has been made by each of two

Registrars under this Act, 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 may be, in respect thereof, and every certificate, licence and other document granted or issued in pursuance thereof, shall be null and void and of no effect for the purposes of this Act.

(2) The time taken up in disposing of any objection made under this Act against the issue of a marriage notice certificate shall not be taken into account for the purpose of the computation of the period of three months referred to in subsection (1) of this section or in section 18.

(1) The registration under this Act of a Kandyan marriage shall be the best evidence of the marriage before all courts and in all proceedings in which it may be necessary to give evidence of the marriage. Where the marriage registration entry, which under section 23 (3) constitutes such registration, does not indicate whether the marriage was contracted in binna or diga, the marriage shall be presumed to have been contracted in diga until the contrary is 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 in his Marriage Register; and

(b) the copy, substituted under subsection (2) of section 26, for the duplicate entry made by a Registrar in his Marriage Register, shall be deemed to be an original entry made by the Registrar in such register.

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 of marriage or that any such party so resided for the period so specified.;

(b) the consent thereto of any person whose consent was required by this Act; and

(c) that the marriage was solemnized and registered in an authorized place and at any time between the 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 division or district specified in the notice of 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 place and at any time between the authorized hours on any day.

(1) Where a Kandyan marriage has not been registered or has been incorrectly registered, a party thereto may apply to the Registrar-General to have the marriage registered or correctly registered, as the case may be. Such application shall be verified by an affidavit made by that party.

(2) Upon the receipt of an application under subsection (1) of this section, the Registrar-General shall cause a 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 attend at his office 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 date and at the time and place so indicated.

The Registrar-General shall also cause to be published, in a conspicuous place at his office, a notice specifying the 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 notice and 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.

(4) Before disposing of the application, the Registrar- General shall give each party on whom notice of the application has been served and his witnesses, if any, as well as each person who appears in response to the notice published under subsection (2) an opportunity of being heard.

(5) In disposing of the application the Registrar- General shall make order allowing or disallowing the application. Such order shall-

(i) if the application is for the registration of the marriage, require a Divisional Registrar or District Registrar for the division or district, as the case may be, in which the marriage was contracted to register the marriage ; or

(ii) if the application is for the correct registration of the marriage, direct a Divisional Registrar or District Registrar for the division or district, as the case may be, in which the marriage was incorrectly registered to correctly register the marriage.

(6) No application for the registration or correct registration, as the case may be, of a Kandyan marriage shall be allowed by the Registrar-General under this section unless he is satisfied that the marriage was otherwise duly contracted and that the omission to register, or the incorrect registration of, the marriage was not due to any act, 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 section for the purpose of disposing of any application.

(9) The powers conferred on the Registrar-General by the preceding provisions of this section may be exercised by 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.

(1) Where, by virtue of any Order under section 40, any area which is situated within any division (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”), and where, before that date, 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 solemnized and registered before that date, then, notwithstanding anything in this Act, that certificate may be issued, or that marriage may be solemnized and 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 area is situated and the provisions of this Act shall apply accordingly ; and every such Registrar shall comply with such directions as may be given to him by the Registrar-General or the District Registrar, as the case may be.

(2) The provisions of subsection (1) shall apply in every case where one division is amalgamated with another division to form a new division in like manner as those provisions apply to a case where an area within a division becomes a separate division or a part of any other existing division.