As enacted

Contents

Act of Parliament · As enacted

Kandyan Marriage and Divorce (Amendment) Act 2022

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

s 1Short title

This Act may be cited as the Kandyan Marriage and

Divorce (Amendment) Act, No. 37 of 2022.

s 2Repeal of Part II of Chapter 113

Part II (sections 8, 9, 10, 11, 12, 13, 14 and 15) of the

Kandyan Marriage and Divorce Act (Chapter 113)

(hereinafter referred to as the “principal enactment”) is hereby repealed.

s 3Amendment of section 16 of the principal enactment

Section 16 of the principal enactment is hereby amended as follows:-

(1)

by the repeal of sub-paragraph (b) of paragraph (6)

thereof; and

(2)

in paragraph (7) thereof–

(a)

by the substitution, in sub-paragraph (a)

thereof, for the word “correct;”, of the words

“correct; and”;

(b)

by the substitution, in sub-paragraph (b)

thereof, for the word “marriage;”, of the word

“marriage.”; and

(c)

by the repeal of sub-paragraphs (c) and (d)

thereof.

s 4Amendment of section 18 of the principal enactment

Section 18 of the principal enactment is hereby amended, by the repeal of paragraph (5) thereof and the substitution therefor, of the following paragraph:-

“(5) (a) 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 effect that there is no lawful impediment or other lawful hindrance to the marriage.

(b)

The declaration shall be accompanied by a receipt issued by the District Registrar in proof of payment of the prescribed fee which shall be made by the party making the declaration.”.

s 5Amendment of section 19 of the principal enactment

Section 19 of the principal enactment is hereby amended in subsection (3) thereof as follows:-

(1)

by the substitution, in paragraph (a) thereof, for the word “marriage;”, of the words “marriage; and ”;

(2)

by the repeal of paragraph (b) thereof; and

(3)

by the re-lettering of paragraph (c) as paragraph (b)

thereof.

s 6Amendment of section 20 of the principal enactment

Section 20 of the principal enactment is hereby amended as follows:-

(1)

by the repeal of subsection (1) thereof and the substitution therefor, of the following subsection:–

“(1) Any person, being a person who is interested in a Kandyan marriage may object in writing, to the issue of a marriage notice certificate in respect thereof.”; and

(2)

by the repeal of sub-paragraph (ii) of paragraph (c)

of subsection (2) thereof and the substitution therefor, of the following sub-paragraph:–

“(ii) whether the objector makes the objection in his capacity as a person who is interested in the marriage; and”.

s 7Amendment of section 29 of the principal enactment

Section 29 of the principal enactment is hereby amended as follows:-

(1)

in paragraph (1) thereof–

(a)

by the substitution, in sub-paragraph (a)

thereof, for the words “so specified;”, of the words “so specified; and”;

(b)

by the repeal of sub-paragraph (b) thereof; and

(c)

by the re-lettering of sub-paragraph (c) as sub-paragraph (b) thereof; and

(2)

in paragraph (2) thereof–

(a)

by the substitution, in sub-paragraph (a)

thereof, for the words “so specified;”, of the words “so specified; and”;

(b)

by the repeal of sub-paragraph (b) thereof; and

(c)

by the re-lettering of sub-paragraph (c) as sub-paragraph (b) thereof.

s 8Replacement of section 60 of the principal enactment

Section 60 of the principal enactment is hereby repealed and the following section is substituted therefor:-

60. Any person who, for the purpose of procuring the solemnization or registration of a Kandyan marriage knowingly or wilfully makes and subscribes any false declaration or signs any false notice, under this Act shall be guilty of an offence under this Act.”.

s 9Amendment of section 66 of the principal enactment

Section 66 of the principal enactment is hereby amended by the repeal of the definition of the expression

“minor”.

“False declarations,

&c.

s 10Avoidance of doubt

For avoidance of doubt, it is hereby declared that-

(a)

the provisions of this Act shall not apply to any

Kandyan marriage contracted prior to the date of commencement of this Act; and

(b)

the provisions of subsections (2) and (3) of section 4 of the principal enactment shall not apply to any

Kandyan marriage contracted on or after the date of commencement of this Act, save as provided for in section 112 of the Evidence Ordinance

(Chapter 14).

s 11Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.