Judicature (Amendment) Act 2022

This Act may be cited as the Judicature

The provisions of this Act shall come into operation on such date or dates as the Minister may appoint by Order published in the Gazette.

Different dates may be appointed for bringing into operation different provisions of this Act.

Section 2 of the Judicature Act, No. 2 of 1978,

(hereinafter referred to as the “principal enactment”) is hereby repealed and the following section is substituted therefor :-

2. The Courts of First Instance for the administration of justice in the Republic of Sri

Lanka shall be-

the High Court of the Republic of

the High Courts for the Provinces established by Article 154P of the

the District Courts;

the Family Courts;

the Small Claims Courts;

the Magistrates’ Courts; and

the Primary Courts.”.

Section 5 of the principal enactment is hereby repealed and the following section is substituted therefor: -

5. (1) There shall be in each judicial district of Sri Lanka a “District Court” which shall be deemed to be the “Family Court” when exercising the jurisdiction vested in a Family

Court under this Act or any written law, and which shall be deemed to be the “Small Claims

Court” when exercising the jurisdiction vested in a Small Claims Court under this Act or any other written law, and in every judicial division there shall be a “Magistrate’s Court” and a

“Primary Court” and, each such Court shall be holden by and before a person to be called the

“District Judge”, “Judge of the Family Court”,

“Judge of the Small Claims Court”,

“Magistrate” and “Judge of the Primary Court”

respectively.

Each Court referred to in subsection (1)

Section 5B of the principal enactment is hereby repealed and the following section is substituted therefor: -

“District

Courts,

Family

Courts, Small

Claims

Courts,

Magistrates’

Courts and

Primary

Courts

5B. (1) The Judicial Service Commission shall appoint a judicial officer from among the

District Judges and Magistrates to be called the Pre-Trial Judge, to any one or more Court of First Instance exercising civil jurisdiction, where the Judicial Service Commission is of the opinion that such appointment is required.

The Pre-Trial Judge shall attend to and deal with pre-trial conferences as specified in the provisions of the Civil Procedure Code

Section 6 of the principal enactment is hereby amended by the repeal of subsection (1) thereof and the substitution therefor, of the following: -

“(1) All District Judges, Judges of the Family

Courts, Judges of the Small Claims Courts,

Magistrates and Judges of the Primary Courts and all such Additional Judges and Additional Magistrates of such Courts shall be appointed to their offices by the Judicial Service Commission.”.

Section 8 of the principal enactment is hereby amended by the repeal of subsections (1) and (2) thereof and the substitution therefor, of the following: -

“(1) The Judicial Service Commission may appoint as many additional District Judges,

Additional Judges of the Family Court, Additional

Judges of the Small Claims Court, Additional

Magistrates or Additional Judges of the Primary Court to the same District Court, Family Court, Small Claims

Court, Magistrate’s Court, and Primary Court respectively as the occasion may require.

“Appointment of the Pre-Trial Judge

Every Additional District Judge, Additional

Section 14 of the principal enactment is hereby amended by the substitution for the words “the High Court may”, of the words and figures “the High Court of the

Republic of Sri Lanka or the High Court for the Province established by Article 154P of the Constitution may”.

Section 15 of the principal enactment is hereby amended as follows:-

in paragraph (a) thereof, by the substitution for the words “by a High Court-”, of the words and figures “by a

in paragraph (b) thereof, by the substitution for the words “order of the High Court.”, of the words and figures

Section 16 of the principal enactment is hereby amended in subsection (1) thereof by the substitution for the words “of the High Court”, of the words and figures “of the High Court of the Republic of Sri Lanka or the High

Court for the Province established by Article 154P of the

Constitution”.

Section 19 of the principal enactment is hereby repealed and the following section is substituted therefor: -

19. Every District Court shall be a court of record and shall within its district have unlimited original jurisdiction in all civil, revenue, trust, insolvency and testamentary matters, save and except such of the aforesaid matters as are by or under Chapter VA of this

Act or by virtue of the provisions of any other enactment exclusively assigned by way of original jurisdiction to any other court or vested in any other authority and in the exercise of such jurisdiction to impose fines, penalties and forfeitures and shall, in like manner also have jurisdiction over the persons and estates of persons of unsound mind and wards, over the estates of cestuis que trust and over guardians and trustees and in any other matter in which jurisdiction is given to District Court by law.”.

Section 19A of the principal enactment is hereby repealed.

“Jurisdiction of District

Courts

Section 23 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof, by the substitution for the words “the Court of Appeal”, of the words and figures “the

in subsection (2) thereof, by the substitution for the words “to the Court of Appeal” and “of the Court of Appeal”, respectively, of the words and figures “to the High Court for the Province established by Article 154P of the Constitution”

Chapter V of the principal enactment is hereby repealed and the following Chapter is substituted therefor: -

“CHAPTER V

FAMILY COURTS

24. (1) Every Family Court shall be a court of record and shall have sole original jurisdiction in respect of matrimonial disputes, actions for divorce, nullity and separation, damages for adultery, claims for alimony, disputes between spouses, parents and children as to matrimonial property, custody of minor children, dependants’ claims, guardianship and curatorship matters, claims in respect of declaration of legitimacy and, illegitimacy and marriage, adoption and applications for amendment of birth registration entries, claims for seduction and breach of promise of marriage and such other matters provided for by any other written law:

Jurisdiction of a District

Court

Provided that anything in the preceding provisions of this subsection shall not affect the provisions of the Kandyan Marriage and

Divorce Act (Chapter 113) and the provisions of the Muslim Marriage and Divorce Act

(Chapter 115).

The Family Court shall also have sole and exclusive jurisdiction in respect of all matters specified in subsection (1) and where reference is made to any court in respect of such matters in any of the enactments referred to in the Third Schedule hereto, it shall be deemed to be a reference to a Family Court:

An application for the custody of a minor child or of the spouse of any marriage alleged to be kept in wrongful or illegal custody by any parent or by the other spouse or guardian or relative of such minor child or spouse shall be heard and determined by the Family Court;

There shall be for every judicial district an officer who shall be called the

Where a dispute in any action in respect of any matter within the jurisdiction of a Family

make every effort to induce the parties to settle such dispute; and

submit his report thereon to the

Where any dispute is settled, the terms of settlement shall be entered, signed by each party to the dispute and the Family Counsellor, and be forwarded to the District Judge, Judge of the Family Court or Magistrate as the case may be who shall enter such terms of settlement as a decree of such Court.

Where a Family Counsellor is not able to settle any dispute referred to in subsection (1), he shall refer such dispute to the District

No District Judge, Judge of a Family

In the event of two or more separate proceedings or actions being instituted in respect of the same or substantially the same family dispute in more than one Family Court, any party to such proceedings or actions may apply, or any Judge of such Family Court in which the said proceedings or actions had been instituted may refer the matter, to the Court of

In the event of there being two or more proceedings or actions instituted or pending in the same Family Court as between the same parties or relating to substantially the same matter, it shall be competent for the said Court to direct that such proceedings or actions be consolidated into a single proceeding, if in the opinion of the said Court it is convenient to do so or it be so necessary in the interest of justice and the expeditious disposal of such matters in dispute. The Court may, in such an event make such order or deliver such judgment or enter such decree from time to time as the exigencies and justice of the case may require.

All proceedings in a Family Court shall be instituted and conducted as expeditiously as possible in accordance with such regulations as may be prescribed:

The provisions of the Adoption of

All applications for the care and custody of minor children shall take precedence over all other matters in every Family Court and shall, unless exceptional circumstances so warrant, be heard from day to day to ensure the expeditious disposal of the same.”.

The following new Chapter is hereby inserted immediately after Chapter V of the principal enactment and shall have effect as Chapter VA of that enactment: -

“CHAPTER VA

SMALL CLAIMS COURTS

29A. (1) Every Small Claims Court shall be a court of record and shall have exclusive original civil jurisdiction and shall have cognizance of and full power to hear and determine all actions specified in the Seventh

Schedule hereto:

Provided however, a Small Claims Court shall have no jurisdiction or power to hear and determine any action filed under the provisions of Chapter LIII of the Civil Procedure Code

(Chapter 101) or action for the recovery of money to which special provisions are made under any other written law.

All actions specified in the Seventh

An Order made under subsection (2) shall not have effect, until it is approved by

Any person who is dissatisfied with any judgment pronounced by any Small

Any person who is dissatisfied with any order made by any Small Claims Court in the course of any action, proceeding, or matter to which he is or seeks to be a party, may prefer an appeal to the High Court for the Province established by Article 154P of the Constitution in which such Small Claims Court is situated against such order for the correction of any error in law or in fact, with the leave of such

Any person who is dissatisfied with any order made by any Small Claims Court setting

The provisions of Chapters LVIII, LIX,

The Judge of every Small Claims Court shall conform to and execute all such judgments, orders, and decrees of the Supreme

Section 31 of the principal enactment is hereby amended by the substitution for the words “appeal therefrom to the Court of

Appeal”, of the words and figures “appeal

Amicable settlements therefrom to the High Court for the Province established by Article 154P of the

Constitution.”.

The following new Chapter is hereby inserted immediately after Chapter VI of the principal enactment and shall have effect as Chapter VII of that enactment: -

“CHAPTER VII

PRIMARY COURTS

32. (1) Every Primary Court shall, subject to the provisions of any other law, have original civil jurisdiction where the debt, damage, demand or claim does not exceed one thousand five hundred rupees and shall also have jurisdiction in respect of the enforcement of by-laws of local authorities and matters relating to the recovery of revenue of such local authorities.

The Primary Courts shall have no jurisdiction in respect of the disputes referred to in the Fourth Schedule hereto, irrespective of the value of such claim.

The Primary Courts shall have sole and exclusive jurisdiction in respect of all offences alleged to have been committed in violation of the provisions of any enactment or any subsidiary legislation made thereunder, in respect of which jurisdiction is vested in such

Anything in this section shall not preclude a Magistrate from convicting and passing sentence on any person found guilty after trial of any offence specified in subsection (1).

Where any civil proceeding or matter is instituted in a Primary Court, it shall be the duty of the Judge of that Primary Court to summon the parties to appear before him and wherever appropriate to make every effort to induce such parties to arrive at a settlement before proceeding to inquiry or trial. Where such parties agree to a settlement, such settlement shall be recorded and signed by the parties thereto and shall be entered as a decree of the said Primary Court and be enforceable, as a decree thereof.

Where any criminal proceeding or matter is instituted in a Primary Court, it shall be the duty of the Judge of that Court to summon the parties concerned to appear before him and wherever appropriate to induce such parties to arrive at a settlement. Where such parties agree to a settlement, such settlement shall be recorded and signed by the parties concerned and notwithstanding anything to the contrary in any other law, the offence to which the proceeding or matter relates shall be compounded.

Any party aggrieved by any judgment, order, decree, conviction or sentence, entered or imposed after inquiry or trial by a Primary

No appeal shall lie from any judgment, order, decree, conviction or sentence entered or imposed by reason of a settlement of the dispute between the parties arrived at under the provisions of this Chapter.

Section 37 of the principal enactment is hereby repealed and the following section is substituted therefor:-

37. There shall be a right of appeal to the

Supreme Court in accordance with the provisions of the Constitution and of any other law–

from any judgment or order of the Court of Appeal in any appeal from the High

from any judgment or order of the High

Section 38 of the principal enactment is hereby amended follows:-

by the renumbering of that section as subsection (1) thereof ; and

by the addition immediately after the renumbered subsection (1) thereof, of the following subsection:-

Section 45 of the principal enactment is hereby amended by the repeal of subsection (4) thereof and the substitution therefor, of the following: -

“(4) Every Justice of the Peace and every

Unofficial Magistrate appointed under subsections

(2 ) and (3 ) shall take and subscribe or make and subscribe an oath or affirmation of office in such form as may be determined by the Minister before a

Judge of the High Court, District Judge, Judge of the Family Court, Judge of the Small Claims Court,

Magistrate, or Judge of the Primary Court and every such Judge is empowered and required, upon application in that behalf, to administer the same and to enter in the records of his court that the said oath or affirmation was duly administered and taken by him, and forthwith to transmit a copy of such entry to the Registrar of the Supreme Court to be entered in the records of that Court.”.

Section 49 of the principal enactment is hereby amended by the repeal of the proviso to subsection (3) of that section and the substitution therefor, of the following :-

“Provided that in every other case some other Judge of the High Court of the Republic of Sri Lanka, the

High Court for the Province established by Article 154P of the Constitution, the District Court, Family

Court, Small Claims Court, Magistrate of the

Magistrate’s Court and Judge of the Primary Court, as the case may be, of any adjoining zone, district or division shall have jurisdiction to hear, try and determine such action, prosecution, proceeding or matter.”.

Section 52 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof, by the substitution for the words “to the High Court and to each of the District

in subsection (2) thereof, by the substitution for the words “Registrar of the High Court”, of the words and figures “Registrar of the High Court of the

Section 54 of the principal enactment is hereby amended in subsection (1) thereto by the substitution for the words “Where in any action instituted in a High Court,

District Court or Small Claims Court, it appears-”, of the words “Where in any action instituted in a High Court of the

Republic of Sri Lanka, High Court for the Province established by Article 154P of the Constitution, District

Court, Family Court or Small Claims Court, it appears-”.

Section 55 of the principal enactment is hereby repealed and the following section is substituted therefor:-

55. (1) Every District Court, Family Court,

Small Claims Court, Magistrate’s Court and

Primary Court shall, for the purpose of maintaining its proper authority and efficiency, have a special jurisdiction to take cognizance of, and to punish with the penalties in that behalf as hereinafter provided, every offence of contempt of court committed in the presence of the court itself and all offences which are committed in the course of any act or proceeding in the said court respectively, and which are declared by any law for the time being in force to be punishable as contempt of court.

The following sentences of fines or imprisonment as the case may be, may be imposed on conviction for contempt by the following courts respectively, namely-

by a District Court and Family

by a Small Claims Court and

by a Primary Court – a fine not exceeding five hundred rupees or imprisonment, either simple or rigorous, for a period not exceeding three months.”.