Judicature (Amendment) Act 2022 · As enacted
13. Replacement of Chapter V of the principal enactment
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
Chapter V of the principal enactment is hereby repealed and the following Chapter is substituted therefor: -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:
Provided that this subsection shall have no application to any offences alleged to have been committed in violation of the provisions of any such enactment.
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;
and such Court shall have full power and jurisdiction to hear and determine the same and make such orders both interim and final as the justice of the case shall require.
25.
Care of
The jurisdiction and powers of District
Courts under section 20 as regards the care and custody of persons of unsound mind and mentally deficient persons and the charge of their property shall, in like manner and with the same powers be exercised by a Family Court minors, and charge of property their as regards the care of the persons of minors and wards and the charge of their property and shall extend to the charge of the property in Sri
Lanka of minors and wards who are not resident in Sri Lanka.
26.
Family
There shall be for every judicial district an officer who shall be called the
“Family Counsellor”.
Where a dispute in any action in respect of any matter within the jurisdiction of a Family
Court, or any application for maintenance, comes up for inquiry or trial before a District
Judge, Judge of the Family Court or Magistrate, as the case may be, such District Judge, Judge of the Family Court or Magistrate shall, unless any party to the action expresses in writing a desire to the contrary, refer such dispute to a
Family Counsellor, who shall-
make every effort to induce the parties to settle such dispute; and
submit his report thereon to the
District Judge, Judge of the
Family Court or Magistrate as the case may be, within such time as may be specified by such District
Judge, Judge of the Family Court or Magistrate.
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.
Counsellor
Where a Family Counsellor is not able to settle any dispute referred to in subsection (1), he shall refer such dispute to the District
Judge, Judge of the Family Court or Magistrate for determination after inquiry or trial.
No District Judge, Judge of a Family
Court or Magistrate shall hold any inquiry or trial in respect of any dispute, until such dispute is referred to him by the Family
Counsellor under subsection (4).
27.
Appeals
A person who is dissatisfied with a judgment, decree or order pronounced by the
Family Court after inquiry or trial may, in accordance with any law, regulation or rule governing the manner and procedure for appeals from the District Court, prefer an appeal therefrom to the High Court for the Province established by Article 154P of the Constitution for any error in law or in fact.
28.
Transfer
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
Appeal which shall, in the exercise of its powers, as it may deem fit, transfer one or more of such proceedings or actions to one of the
Family Courts, in which proceedings or actions have already been instituted by the said parties;
Court to so that, all such disputes may be conveniently or expeditiously heard and determined in one
Family Court.
cases from one Family another and consolidation
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.
29.
Family Courts
All proceedings in a Family Court shall be instituted and conducted as expeditiously as possible in accordance with such regulations as may be prescribed:
Provided that until such regulations have been so prescribed, the Family Court shall, as far as practicable, follow the provisions relating to summary procedure in the Civil Procedure
Code (Chapter 101).
The provisions of the Adoption of
Children Ordinance (Chapter 61) governing the institution and conducting of proceedings under the said Ordinance shall be deemed to apply to such proceedings that may be instituted in the Family Court.
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.”.
Procedure in