OrdinancesNos.l9 of l907,

27 of 1917,8 of 1922,

18 of 1929,27 of 1931.15 of 1940,49 of 1944,20 of 1945,34 of 1946,47 of 1947,

ActsNos.22 of l955,

l1 of 1963,3 of 1970.

LawsNos.41 of 1975,

23 of 1978.

MARRIAGES (GENERAL) [Cap. 131

CHAPTER 131

MARRIAGES ( GENERAL )

AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO MARRIAGESOTHER THAN THE MARRIAGES OF MUSLIMS AND TO PROVIDE FOR THE BETTERREGISTRATION THEREOF.

Short title.

Appointmentof Registrar-General andhis duties.

Appointmentof DeputyRegistrar-Genera! andhis duties.[§§2 and 3,Law 23 of1978.]

Appointmentof AssistantRegistrars-General andtheir duties.

1. This Ordinance may be cited as theMarriage Registration Ordinance.

2. (1) There may be appointed aRegistrar-General of Marriages for SriLanka.

(2) The Registrar-General shall, subjectto the directions of the Minister, have thegeneral control and superintendence of theregistration of marriages under theprovisions of this Ordinance, and of allpersons appointed for or engaged in thecarrying out of the provisions of thisOrdinance.

(3) There may be appointed a fit andproper person to be or to act as a DeputyRegistrar-General of Marriages.

(4) The Deputy Registrar-General may,subject to the authority and control of theRegistrar-General for the time being,exercise, perform or discharge any power,duty or function conferred or imposed uponsuch Registrar-General by or under thisOrdinance or by or under any other writtenlaw.

3. There may from time to time beappointed a fit and proper person or each oftwo or more such persons to be or to act asan Ass i s t an t Regis t rar-General of

[1st January, 1908.]

Marriages. Any person so appointed mayexercise, perform or discharge any power,duty or function expressly conferred orimposed upon the Assistant Registrar-General, and may subject to the directionsof the Minister and under the authority andcontrol of the Registrar-General, exercise,perform or discharge any power, duty orfunction conferred or imposed upon theRegistrar-General, by or under thisOrdinance.

4. (1) For each district there shall be a DistrictDistrict Registrar of Marriages. Registrars.

(2) The Government Agent of a districtshall be the District Registrar for thatdistrict.

(3) Every Additional Government Agent,Assistant Government Agent, AdditionalAssistant Government Agent and OfficeAssistant to a Government Agent, of adistrict shall be an Additional DistrictRegistrar for that district.

(4) Every Assistant Registrar-Generalshall be an Additional District Registrar forthe district of Colombo.

(5) There may be appointed any personas a District Registrar or as an AdditionalDistrict Registrar in addition to, or in place

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Establishmentof registrationdivisions.

Appointmentof registrars.

of, any officer who is a District Registrar oran Additional District Registrar by virtue ofthe preceding provisions of this section.

(6) Every District Registrar shall haveand may exercise within his district thepowers and duties vested by or under thisOrdinance in a registrar of a division, andshall superintend and control, subject to thedirection of the Registrar-General, theregistration of marriages within the district,and the registrars hereinafter mentioned,and all other persons appointed for orengaged in carrying out the provisions ofthis Ordinance.

5. (1) The Minister may, byNotification In the Gazette, divide theseveral districts of Sri Lanka into such andso many divisions for the purpose of theregistration of marriages as shall appearexpedient, and may at any time by a likeNotification amend, alter or abolish anysuch division.

(2) Every division which has beenlawfully established at the commencementof this Ordinance shall be deemed and takento be a division under the provisions of thisOrdinance until such time as a new divisionshall be constituted in lieu thereof under theprovisions of this Ordinance.

. (3) Every reference to any revenue districtin any Notification made under subsection(1) of this section before the commencementof the Administrative Districts Act shall,after the commencement of that Act,be construed as a reference to theadministrative district consisting of the areawhich constituted that revenue district.

6. The Registrar-General may appointone or more persons to each such division,who shall be called Registrars of Marriages,and any such registrar at pleasure he mayremove and appoint some other person inhis place, or in the place of any registrarwho shall have died or resigned office, orbeen granted leave of absence from hisduties:

Provided that in case of the death, suddenillness, or incapacity of the registrar of adivision, or in case of other emergency, itshall be lawful for the Registrar-General orDistrict Registrar, by writing under his

hand, to appoint a person to act as registrarfor such division so however that no suchappointment shall be made by a DistrictRegistrar for any period exceeding thirtydays at any one time. Such actingappointment shall be forthwith enteredunder the hand of the officer making theappointment in a book to be kept for thepurpose.

7. (1) The Minister may from time to Power to maketime make rules for the direction of the rules.Registrar-General, the District Registrars,registrars, ministers, and all personswhomsoever In the discharge of their dutiesunder this Ordinance, for all mattersrequired by this Ordinance to be prescribed,and generally for the effective carrying outof the provisions of this Ordinance.

(2) No rule made under this section shallhave effect until It Is approved byParliament and notification of suchapproval is published in the Gazette.

8. (1) Every registrar shall dwell andhave his office in such convenient place inhis division as shall be appointed by theDistrict Registrar, and shall, if so directedby the District Registrar, have within hisdivision a station or stations as may beapproved by the District Registrar, andevery such station shall, for the purposes ofthe provisions of this Ordinance, withrespect to the attendance of persons and theregistration of marriages at the office of theregistrar, be deemed to be his office:

Residence,office, andstation ofregistrar.

Provided that the District Registrar may,in the special circumstances of any case andwith the prior approval of the Registrar-General, authorize a registrar to dwell or tohave his office or to have a station at a placeoutside his division.

(2) The District Registrar shall forthwithnotify to the Registrar-General the placesappointed by the District Registrar as theresidence, office, and station or stations forevery registrar of his district.

9. The registrar shall attend at his office Attendece ofand at each such station on such days and registrar at his during such hours as shall respectively be office.appointed by the District Registrar, andshall cause his name, with the addition of

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MARRIAGES (GENERAL) [Cap. 131

the words " Registrar of Marriages " withthe name of the division for which he isregistrar, and the days and hours of hisattendance as appointed by the DistrictRegistrar, to be placed in legible charactersin the Sinhala, Tamil and English languagesin a conspicuous place on or near theentrance of his office and station.

Registration of 10. (1) The minister, proprietor, orplace of trustee of a building used as a place ofworship for solemnization public Christian worship may apply to theof marriage. Registrar-General that such building may be

registered for solemnizing marriages therein.

(2) The application shall be in the formA in the First Schedule, and shall contain adeclaration signed by at least twentyhouseholders, and countersigned by the saidminister, proprietor, or trustee, that theyfrequent or intend to frequent such place ofworship.

(3) The Registrar-General may registersuch place of worship for the solemnizationof marriages in a book to be kept by him forthat purpose, and he shall thereupon give acertificate of such registry and of the datethereof under his hand, which certificateshall be in the form B in the First Schedule,and the Registrar-General shall give publicnotice of such registry by notification in theGazette.

(4) No building shall be registered whichis not used for public Christian worship.

(5) Any building already registered atthe time when this Ordinance comes intooperation shall be deemed to have beenregistered under the provisions of thisOrdinance.

Registration of 11. Where the population in any districtsuch place in is so scattered that it is difficult to procurethinlypopulated the signatures of twenty householders, itdistrict, shall be lawful for the Registrar-General to

issue his certificate upon a declaration signed by as many householders as livewithin convenient distance from thebuilding, and countersigned by the minister,proprietor, or trustee, and upon such otherevidence as the Registrar-General mayrequire to satisfy him that the building isused for public Christian worship.

12. (1) If any building registered for the Cancellation orsolemnization of marriages shall at any substitution ofsubsequent period cease to be used for the

building.public Christian worship of thecongregation on whose behalf it wasregistered, the minister, proprietor, ortrustee for the time being of such buildingshall with all convenient speed notify thefact to the Registrar-General in form C inthe First Schedule, and the Registrar-General shall cause the registry thereof to becancelled.

(2) If it shall be proved to his satisfactionthat the same congregation use some othersuch building for the purpose of publicChristian worship, he may register such newplace of worship instead of the disusedbuilding.

(3) Such cancellation or substitutionwhen made shall be entered in the bookkept for the registry of such buildings, andshall be certified and published in themanner prescribed in the case of the originalregistry of the disused building.

(4) After such cancellation or substitutionas aforesaid it shall not be lawful tosolemnize any marriage in such disusedbuilding, unless the same shall be againregistered in the manner prescribed bysection 10.

13. The Registrar-General may at any Rectification oftime correct or cause to be corrected any errors.error in any entry made in the book keptunder section 10 for the registration ofbuildings.

14. The Registrar-General may fromtime to time publish in the Gazette a list ofthe Registrars of Marriages in Sri Lanka,with their names, the names of theirdivisions, offices, and stations, and a list ofthe buildings registered for thesolemnization of marriages therein, and ofwhich the registration has not beencancelled.

Publication oflists .ofregistrars andregisteredbuildings.

15. No marriage shall be valid, the male Prohibited ageparty to which has not completed sixteen of marriage.years of age or the female twelve, or if adaughter of European or Burgher parents,fourteen years of age.

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Prohibiteddegrees ofrelationship.

Marriage ofpersons withinprohibiteddegrees ofrelationship anoffence.

Secondmarriagewithout legaldissolution offirst marriageinvalid.

Dissolution ofmarriage.

16. No marriage shall be valid—

(a) where either party shall be directlydescended from the other; or

(b) where the female shall be sister ofthe male either by the full or thehalf-blood, or the daughter of hisbrother or of his sister by the full orthe half-blood, or a descendantfrom either of them, or daughter ofhis wife by another father, or hisson's or grandson's or father's orgrandfather's widow; or

(c) where the male shall be brother ofthe female either by the full or thehalf-blood, or the son of herbrother or sister by the full or thehalf-blood, or a descendant fromeither of them, or the son of herhusband by another mother, orher deceased daughter's orgranddaughter's or mother's orgrandmother's husband.

17. Any marriage or cohabitationbetween parties standing towards each otherin any of the above-enumerated degrees ofrelationship shall be deemed to be anoffence, and shall be punishable withimprisonment, simple or rigorous, for anyperiod not exceeding one year.

18. No marriage shall be valid whereeither of the parties thereto shall havecontracted a prior marriage which-shall nothave been legally dissolved or declared void.

19. (1) No marriage shall be dissolvedduring the lifetime of the parties except byjudgment of divorce a vinculo matrimoniipronounced in some competent court.

(2) Such judgment shall be foundedeither on the ground of adultery subsequentto marriage, or of malicious desertion, or ofincurable impotency at the time of suchmarriage.

(3) Every court in Sri Lanka havingmatrimonial jurisdiction is hereby declaredcompetent to dissolve a marriage on anysuch ground.

20. (1) No suit or action shall lie in any Suits to compelcourt to compel the solemnization of any marriage

, /. . prohibited.marriage by reason of any promise orcontract of marriage, or by reason of theseduction of any female, or by reason of anycause whatsover.

(2) No such promise, or contract, orseduction shall vitiate any marriage dulysolemnized and registered under thisOrdinance.

(3) Nothing herein contained shallprevent any person aggrieved from suing foror recovering in any court damages whichare lawfully recoverable for breach ofpromise of marriage, for seduction, or forany other cause:

Provided that no action shall lie for therecovery of damages for breach of promiseof marriage, unless such promise ofmarriage shall have been made in writing.

*22. (1) (a) The father of any Who may giveperson under twenty-one years of consent to

marriage of aage ; or minor.

(b) if the father be dead or under legalincapacity, or in parts beyond SriLanka and unable to make knownhis will, the mother; or

(c) if both father and mother be dead orunder legal incapacity, or in pansbeyond Sri Lanka and unable tomake known their will, theguardian or guardians appointedover the party so under age by thefather, or if the father be dead orunder legal incapacity, by themother of such party or by acompetent court,

shall have authority to give consent to themarriage of such party, and such consent ishereby required for the said marriage :

Provided that no such consent shall berequired in the case of a widow or widoweror a person who shall have been previouslymarried, and whose marriage shall havebeen legally dissolved.

(2) If there be no person authorized asaforesaid to give consent, or if the person soauthorized unreasonably withholds or

* Section 21 is repealed by Act No. 3 of 1970.

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MA RRIAGES ( GENERA L) [Cap.131

refuses his or her consent, the Judge of theFamily Court within whose jurisdiction theparty so under age resides, may, upon theapplication of any party interested in suchmarriage, and after summary inquiry, giveconsent to the said marriage, and suchconsent is hereby required for the saidmarriage.

Preliminaries 23. In every case of marriage intendedto be observed to be solemnized under the provisions ofprior to a Ordinance, the following preliminariesmarriage.

shall be observed :—

(1) If the parties to an intendedmarriage have been both resident in SriLanka for ten days, one of the parties shallgive notice to a registrar of the division inwhich they have dwelt for not less than tendays then next preceding or to the DistrictRegistrar in whose district they have sodwelt.

(2) If both parties have not dwelt in thesame division for ten days then nextpreceding, but in different divisions, theneach party shall give notice to a registrar ofthe division in which he or she has dwelt fornot less than ten days next preceding thegiving of such notice or to the DistrictRegistrar in whose district he or she has sodwelt.

(3) If one of the parties to an intendedmarriage has not been resident in Sri Lankafor ten days next immediately preceding thegiving of notice, notice shall be given by theother party who has been so resident to theregistrar in whose division or to the DistrictRegistrar in whose district he has beenresident ten days next preceding the givingof such notice.

(4) If neither party has been resident forten days in Sri Lanka, notice may be givento the registrar in whose division or to theDistrict Registrar in whose district one ofthe parties has been resident for not lessthan four days.

(5) The notice given by one party undersubsections (3) or (4) shall be a sufficientnotice of such intended marriage, and maybe given in anticipation of the arrival of theother party from abroad.

Every such notice may be given Form of noticeat any place within his and

declaration.

24. (1)to the registrardivision, and shall be in the form D in theFirst Schedule, and shall state—

(a) the name in full, race, age,profession, civil condition, anddwelling place of each of the partiesintending marriage, and

(b) if the case be so, that the other partyis absent from Sri Lanka or has notresided for ten days in any part ofSri Lanka (as the case may be), andalso

(c) the name in full and rank orprofession of the father of eachsuch party.

(2) Such notice shall also bear on itsface or shall have attached thereto thewritten consent of any person whoseconsent is required by law.

(3) The party giving the notice shallmake and sign or subscribe a declaration inwriting in the body or at the foot of suchnotice—

(a) that he or she believes that there isno impediment of kindred oralliance or other lawful hindranceto the said marriage,

(b) that he or she has for the space often clear days or other prescribedperiod immediately preceding thegiving of such notice dwelt withinthe division of the registrar towhom such notice shall be so given,and

(c) that the consent of the person orpersons whose consent is requiredby law has been given.

(4) Every such notice and declarationshall be so signed and subscribed in thepresence of any one of the followingpersons, hereafter called an attesting officer,namely—

(a) the registrar of the division, or

(b) a Justice of the Peace, or

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Cap.131] MARRIAGES (GENERAL)

Publication ofnotice.

(c) a notary, or

(b) a minister,

and of two respectable witnesses.

The witnesses shall be personally acquaintedwith the party giving the notice and (in theevent of the party not being known to theattesting officer) also with the attestingofficer, and shall sign the notice. The fullnames, rank or profession, and place ofabode of the witnesses shall be entered inthe said notice.

(5) At the foot of the notice anddeclaration the attesting officer shall make acertificate substantially as in the finalcolumn of the form D in the First Schedule.

(6) Every notice to a District Registrarunder subsections (1) or (2) and every noticeunder subsection (3) of section 23 shall beara stamp of the value of ten rupees, andevery notice under subsection (4) thereofshall bear a stamp of the value of thirtyrupees. The stamp shall be supplied by theparty giving the notice.

25. (1) Every registrar to whom noticeof an intended marriage is duly given asaforesaid shall forthwith enter in the noticethe date of its receipt and shall file and keepit with the records of his office, and shallforthwith enter the particulars of the noticein a book to be called "The MarriageNotice Book ", which shall be kept in theform E in the First Schedule, and whichshall be open at all reasonable times withoutfee to the inspection of all persons claimingto be interested in any entry therein.

(2) The registrar shall cause a true copyunder his hand of the notice of marriage tobe posted in some conspicuous place in hisoffice during twelve successive days after theentry of such notice.

(3) If the parties to the intendedmarriage shall have given notice to differentregistrars under subsection (2) of section 23,each registrar shall also, upon receipt of thenotice, forward a certified copy thereof tothe other registrar, and give a like copy tothe party giving such notice.

26. (1) At any time not less than issue oftwelve days (except as provided in section certificate.27), nor more than three months (except asprovided in section 31) from the entry of thenotice, the registrar, or where notice hasbeen given to two registrars, each of them,or, in any case referred to in section 28, theregistrar nominated in that behalf by theRegistrar-General or by the DistrictRegistrar, shall upon application of theparty giving such notice, and on receipt ofthe certified copy of the notice, if any, givento the other registrar, issue a certificatesubstantially in the form F in the FirstSchedule:

Provided that in the meantime no lawfulimpediment to the issuing of such certificatebe shown to the registrar, and provided thatthe issuing of such certificate shall not havebeen forbidden or a caveat entered in themanner hereinafter provided.

(2) Every such certificate shall state—

(a) the day on which it was entered,

(b) that the issue of the certificate hasnot been forbidden by any personlawfully empowered in that behalf,and

(c) that the full period of twelve dayshas elapsed since the entry of thenotice, or where two notices havebeen given since the entry of bothnotices, or that the issue of thecertificate has been authorized bylicence under section 27.

27. (1) At any time after the entry of issue ofthe notice, and upon the production of a licence.certified copy of such notice, the District [§ 5, Law 41 ofRegistrar within whose district such notice 1975.]has been given or the registrar to whomnotice has been given, may issue, subject tothe provisions of subsection (3), a licenceunder his hand substantially in form G inthe First Schedule authorizing the DistrictRegistrar or the registrar to whom noticehas been given or, in any case referred to insection 28 such other registrar as he mayspecify in the licence, to issue the certificateunder section 26, if in the meantime nolawful impediment to the issue of suchcertificate is shown to the satisfaction ofsuch registrar or if the issue of suchcertificate has not been forbidden or acaveat entered in the manner hereinafterprovided.

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MARRIAGES (GENERAL) [Cap.131

(2) Where the parties to the intendedmarriage have given notice to two registrarsunder subsection (2) of section 23, theDistrict Registrar within whose district oneor both of such notices have been given oreither of the two registrars to whom noticehas been given, may issue, upon theproduction of a certified copy of each suchnotice, and subject to the provisions ofsubsection (3) of this section, a licence toeach of the registrars, or, in any casereferred to in section 28, to such otherregistrar as may be specified therein, andsuch licence shall be substantially in theform H in the First Schedule.

(3) Before the issue of such licence oneof the parties to the intended marriage shallappear personally before the DistrictRegistrar or the registrar, or where noticehas been given to two registrars, beforeeither of those two registrars and make andsubscribe a written declaration that—

(a) he or she believes that there is notany impediment of kindred oralliance, or of any other lawfulcause, or other lawful hindrance, tothe said marriage;

(b) that the consent of any person orpersons whose consent is requiredhas been obtained ; and

(c) that the issue of the certificate hasnot been forbidden, nor any caveatentered, nor any suit is pending inany court to bar or hinder the saidmarriage.

(4) Where the declaration is madebefore the District Registrar it shall bearstamps to the value of thirty rupees to besupplied by the party making thedeclaration and where the declaration ismade before the registrar of a division itshall be accompanied by a receipt issued bythe District Registrar in proof of payment.of a sum of thirty rupees.

(5) The registrar to whom the licence isissued shall, upon the receipt thereof, issuehis certificate, and every such certificateshall state the particulars set forth in thenotice and the day on which it was entered,

Issue ofcertificates andsolemnizationof marriagesupon alterationof divisions.

and that the issue of the certificate has beenauthorized by the licence of the DistrictRegistrar or the registrar.

28. (1) Where, by virtue of anyNotification under section 5, any area whichis situated within any registration division(hereinafter referred to as -the "olddivision ") becomes, with effect from a datespecified in that Notification, a separatedivision or a part of any other existingdivision (hereinafter referred to as the " newdivision"), and where, before that date,notice of an intended marriage is given by aparty resident within that area, but thecertificate under section 26 is not issuedbefore that date or the marriage is notsolemnized before that date, then,notwithstanding anything in this Ordinance,that certificate may be issued, or thatmarriage may be solemnized, and any otheract required by this Ordinance to be done inthat connection by a registrar of the olddivision may be done, by a registrar of theold division or of the new divisionnominated in that behalf by the DistrictRegistrar within whose district that area issituated; and every such registrar shallcomply with such directions as may be givento him by the District Registrar.

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

29. Every person whose consent to amarriage is required by law may forbid theissue of the registrar's certificate by signingand subscribing, in the presence of theregistrar and of two credible witnesses, whoshall be personally acquainted with theperson forbidding, and shall be known tothe registrar or be resident within hisjurisdiction, and by delivering to him anotice in writing in the form I in the FirstSchedule, with his or her name, place ofabode, and the capacity in which he or sheforbids the marriage.

30. (1) Any person may at any time Caveat.before the issue of the certificate enter acaveat against its issue. Such caveat shall bein the form J in the First Schedule.

Forbidding ofissue ofcertificate.

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Proceedings onmarriage beingforbidden orcaveat entered.

(2) The caveat shall contain a statementof the name and residence of the caveator,the names and residences of the parties towhose marriage he objects, and the groundson which he objects to the marriage, andshall be written on paper bearing a stamp often rupees, and shall be signed in thepresence of the registrar and of two crediblewitnesses (who shall be personallyacquainted with the caveator, and shall beknown to the registrar or be resident withinhis jurisdiction), and shall be delivered tothe said registrar.

31. (1) In the event of a marriage beingforbidden or of a caveat being entered asaforesaid, the registrar shall refuse to issuethe certificate, and shall forthwith makereport of the objection to the Judge of theFamily Court of the district within whichhis division is situated. Such report shall bein the form K in the First Schedule, andshall be accompanied by a copy of thenotice of marriage and of the noticeforbidding the marriage or of the caveatentered.

(2) The Judge of the Family Court shallthereon proceed to make summary inquiry(in which the person forbidding themarriage or entering the caveat shall berespondent) into the grounds of objection tothe marriage, and shall order the certificateto issue or not to issue as shall appear tohim just, and he shall have power, if it beproved to his satisfaction in the course ofthe inquiry that the marriage was forbiddenor caveat entered by such person onfrivolous or vexatious grounds, to imposeon him a fine not exceeding one thousandrupees.

(3) The order of the Judge of the FamilyCourt shall be subject to appeal to theCourt of Appeal.

(4) A copy of the order of the Judge ofthe Family Court, or of the Court ofAppeal, certified under the hand of theJudge of the Family Court, shall beforwarded by him to the registrar, who shallthereon issue or refuse to issue thecertificate as such order shall direct.

(5) The time taken up in disposing asaforesaid of the objection to the marriageshall not be taken into account in thecalculation of the period of three monthsunder section 26 or section 39.

*33. On the production of the certificateof the registrar, or, where notice has beengiven to two registrars, on the production ofa certificate from each of the registrars, to aminister, or to a registrar (to whom either orboth the parties shall have given notice, or,in any case referred to in section 28, whomay be nominated in that behalf by theDistrict Registrar), it shall be lawful for amarriage to be solemnized between the saidparties—

(a) by or in the presence of the ministerin a registered place of worship orother authorized place, or

(b) by the registrar in his office, station,or other authorized place:

Provided that there be no lawfulimpediment to the marriage.

34. (1) A marriage in a registered placeof worship shall be solemnized by or in thepresence of the minister of such building ora minister thereto authorized by him, withopen doors, between six o'clock in themorning and six o'clock in the afternoon inthe presence of two or more crediblewitnesses, and according to the rules,customs, rites, and ceremonies of thechurch, denomination, or body to whichsuch minister belongs.

(2) Immediately after the solemnizationof a marriage the minister shall enter induplicate, in a book to be kept for thatpurpose, a statement of the particulars ofthe marriage in the form L in the FirstSchedule. Every such entry shall benumbered consecutively.

(3) The statement shall be signed by theminister, by the parties to the marriage, andby two respectable witnesses who shall havebeen present at the solemnization thereof,and who shall be personally acquainted withthe parties and (in the event of the parties

Where maymarriage besolemnized.

Solemnizationof marriage byminister.

* Section 32 is omitted, as its operation is confined to marriages between British subjects resident in the UnitedKingdom and in Sri Lanka.

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MARRIAGES ( GENERAL) [Cap. 131

[§49,11 of1963.]

[§ 5, Law 41 of1975.]

not being known to the minister) also withthe minister, and whose full names, rank orprofession, and places of residence shall beadded to the statement by the minister.

(4) The minister shall see that theparticulars entered in the book regardingthe names, race, civil condition, age,profession or occupation, and residence ofthe parties to the marriage correspond withthe particulars given in the registrar'scertificate, and that the parties andwitnesses sign their names legibly. If anyparty or witness signs illegibly, or affixes amark or cross, the minister shall write thename of such party or witness immediatelyover such signature or mark, with the words" This is the signature of . . . . . . . . . " , or"This is the mark of . . . . . . . . . . ",immediately preceding such name.

(5) The minister shall, within seven daysfrom the date of the solemnization of themarriage, separate from the register bookthe duplicate statement of the marriage andtransmit the same to the District Registrarwithin whose district the marriage wassolemnized together with stamps of a valueequal to the amount of the fee payable tosuch Registrar for the registration of suchmarriage.

(6) The District Registrar shall, uponreceipt of the minister's duplicate statement,together with the stamps equal in value tothe amount of the fee payable to suchregistrar for the registration of the marriage,forthwith send to the minister anacknowledgment of the same, and enter orcause to be entered the particulars thereofor of the copy prepared under section 37 (2)in triplicate, that is to say, the original, thesecond copy (hereinafter referred to as the" duplicate"), and a third copy in amarriage register book to be kept by him, inthe form M in the First Schedule, and shallcertify that the particulars have beenobtained from the minister's statement, andshall carefully preserve the said minister'sstatement until despatched to the Registrar-General as in section 37 provided. The thirdcopy shall bear an endorsement under thehand of the District Registrar to the effectthat it is issued under section 35A.

(7) No minister shall be compelled tosolemnize a marriage between persons either

of whom shall not be a member of thbchurch, denomination, or body to whichsuch minister belongs, nor otherwise thanaccording to the rules, customs, rites, andceremonies of such church, denomination,or body.

(8) A minister shall refuse to solemnizea marriage until the parties thereto havepaid to him, for transmission to the DistrictRegistrar, the fee payable to such Registrarfor the registration of the marriage.

35. (1) A marriage in the presence ofthe registrar shall, except as hereinafterprovided, be solemnized between the partiesat his office or station with open doors, andbetween the hours of six o'clock in themorning and six o'clock in the afternoon,and in the presence of two or morerespectable witnesses, and in the followingmanner:—

(2) The registrar shall address theparties to the following effect :—

"Be it known unto you, A. B.and C D,. that by the publicreception of each other as man andwife in my presence, and thesubsequent attestation thereof bysigning your name to that effect inthe registry book, you becomelegally married to each other,although no other rite of a civil orreligious nature shall take place;and know ye further that themarriage now intended to becontracted cannot be dissolvedduring your lifetime except by avalid judgment of divorce, and thatif either of you before the death ofthe other shall contract anothermarriage before the formermarriage is thus legally dissolved,you will be guilty of bigamy and beliable to the penalties attached tothat offence ".

(3) Each of the parties shall then makein the presence of the registrar and witnessesthe following declaration:

" I do solemnly declare that Iknow not of any lawful impedimentwhy I, A. B.. may not be joined inm a t r i m o n y to C. D., herepresent",

[§49,ll of1963.]

Solemnizationof marriage byregistrar.

VI/215

Cap.131] MARRIA GES ( GENERAL)

[§5,Law 41 of1975.]

Copy ofregistrationentry to beissued free.[§5,Law41 of1975.]

Addition ofreligiousceremony tomarriagesolemnized byregistrar.

and each party shall say to the other:

" I call upon all persons herepresent to witness that I, A. B.. dotake thee, C. D., to be my lawfulwedded wife (or husband) ". :

(4) If either of the parties be deaf ordumb as well as unable to write, thedeclaration and statement shall beinterpreted to him or her, and his or herassent obtained by whatever means ofcommunication are commonly used by himor her, and the registrar shall take specialcare to satisfy himself that the partyunderstands, assents to, and adopts thedeclaration and statement.

(5) The registrar shall then enter intriplicate, that is to say, the original, thesecond copy (hereinafter referred to as the"duplicate ") and a third copy, a statementof the particulars of the marriage in hismarriage register book in the form M in theFirst Schedule, and shall cause the entry tobe signed by the parties and witnesses, andhimself sign it in the manner prescribed inregard to a marriage solemnized by aminis ter . The third copy shall bearan endorsement under the hand of theregistrar to the effect that it is issued undersection 35A.

(6) Every such entry shall be numberedconsecutively.

35A. The third copy referred to in thepreceding section shall forthwith, free ofcharge, be delivered or transmitted by postto the female party to the marriage by theDistrict Registrar or the registrar.

36. (1) Where a minister of anyChristian church or persuasion reads orcelebrates in a registered place of worshipany marriage service or ceremony at therequest of the parties to any marriage whichhas previously been solemnized by aregistrar, such reading or celebration shallnot—

(a) be deemed to supersede or to affectin any way the marriage previouslysolemnized as aforesaid , or

Transmissionto Registrar-General ofduplicates ofentries,substitution oforiginal andduplicateentries, andreconstructionof original andduplicateentries.

(b) be entered as a marriage in theregister book kept by the ministerunder section 34.

(2) No religious service or ceremonyshall be read or celebrated at the office orstation of a registrar in connexion with thesolemnization of any marriage by theregistrar.

37. (1) The duplicates of entries madeby the registrar under section 35 shall beseparated from the book by him and sentmonthly to the District Registrar before thefifth day of the following month and by theDistrict Registrar, together with theduplicates of any entries made by him aswell as duplicates, if any, received fromministers under sections 34 and 40, to theRegistrar-General, who shall cause the sameto be filed and preserved in his office ; and ifno marriage shall have been registeredduring any month, the said registrar shallcertify such fact under his hand, andtransmit such certificate in the mannerprescribed in regard to the transmission .ofthe duplicate entry.

(2) Where a duplicate of an entry in a [§5, Law 41 ofmarriage register made under section 34 or 1975.]section 35 or section 40 is lost, damaged,has become illegible or is in danger ofbecoming illegible, the Registrar-Generalmay, after such inquiry as he may considernecessary, cause such duplicate to bereplaced by a copy of the original entry,certified by the District Registrar or, if theoriginal entry is in the custody of theregistrar or the minister, certified by suchminister or registrar, as the case may be,and countersigned by the District Registrarafter verification of the copy with theoriginal, and shall cause such copy to befiled and preserved. Every copy so filed andpreserved shall, for alt purposes, be deemedto be a duplicate duly filed and preserved inthe office of the Registrar-General, undersubsection (1).

(3) Where an original of an entry in a [§5, Law 41 ofmarriage register made under section 34 or 1975.]section 35 or section 40 is lost, damaged,has become illegible or is in danger ofbecoming illegible, and the duplicate isavailable, the Registrar-General may, aftersuch inquiry as he may consider necessary,

VI/2I6

MARRIAGES ( GENERAL) [Cap.131

[§5, Law 41 of1975.]

Solemnizationof marriage byminister orregistrar underspecial licence.

cause to be substituted therefor a copy ofthe duplicate certified by him to have beenmade after verification with the duplicateand to be a true copy of the duplicate. Suchcopy shall replace the aforesaid original ofthe registration entry and shall, for allpurposes, be deemed to be the original ofthe registration entry which was lost,damaged, had become illegible or was indanger of becoming illegible, as the casemay be.

(4) Where both the original and theduplicate of an entry in a marriage registermade under section 34 or section 35 orsection 40 are lost, damaged, have becomeillegible or are in danger of becomingillegible, the provisions of section 13 of theBirths and Deaths Registration Act shall,mutatis mutandis, apply to and in relationto the substitution of copies of such originaland duplicate. Such copies shall, for allpurposes, be deemed to be the original ofthe marriage registration entry and theduplicate, respectively.

38. (1) In case the female party to anintended marriage belongs to a class ofpeople to whose customs it is contrary torequire their females to appear in publicbefore wedlock, it shall be lawful for theDistrict Registrar, if he is satisfied after suchinquiry as he may deem necessary that suchfemale party has at all times observed andcontinues to observe the customs of thatclass with regard to such appearance inpublic, to issue a licence empowering aregistrar to solemnize the marriage at suchplace and hour as the parties may prefer,and as may be named in the licence :

Provided that the requirements of thisOrdinance in all other respects than theplace and hour of marriage shall be fullycomplied with.

(2) In case the female party belongs to aclass other than that described in thepreceding subsection, or is, in the opinion ofthe District Registrar, not entitled to thebenefits of that subsection, it shall be lawfulfor the District Registrar, upon theapplication of one of the parties to theintended marriage, and which applicationshall bear a stamp of the value of thirtyrupees, to issue a licence empowering a

registrar to solemnize the marriage at suchplace and hour as the parties may prefer,and as may be named in the licence;

Provided that in every other respect thanthe place and hour of marriage therequirements of this Ordinance shall be fullycomplied with.

(3) Upon application by one of theparties to the proposed marriage or by theminister by or before whom it is intended tobe solemnized to the District Registrarwithin whose district the marriage is to besolemnized, the District Registrar may issuea licence to the minister for thesolemnization of the marriage at such placeand at such hour as the parties may prefer :

Provided that in every other respect therequirements of this Ordinance shall be fullycomplied with, and provided further thatthe requirements of section 34, subsections(2), (3), (4), (5), and (6), shall apply tomarriages solemnized hereunder.

39. Whenever a marriage shall not be New noticehad within three months, except as provided required after

three months.in section 31 (5), after the notice thereofshall have been entered by the registrar, or,if notices have been given to and entered bytwo registrars, after the earlier notice shallhave been entered, the notice and anylicence or certificate which may have beengranted thereupon, and all otherproceedings thereupon, shall be utterlyvoid; and no such marriage shall besolemnized or registered until new noticeshall have been given and certificate thereofissued in the prescribed manner.

40. (1) It shall be competent for a Death-bedminister to solemnize without the marriage.preliminaries required by this Ordinance, atany convenient place, a marriage betweenparties of whom one is believed to be on thepoint of death:

Provided that such person is of soundmind, memory, and understanding.

(2) The minister shall immediately entera statement of the particulars of themarriage in the book and in the mannerprescribed by section 34, and shall at thefoot of such entry, which shall be made in

VI/217

Cap.131] MARR1A GES (GENERAL)

Entry made byregistrar inmarriageregister thebest evidenceof marriage.

duplicate, make a certificate signed byhimself and the witnesses to thesolemnization, which certificate shall besubstantially to this effect—

" We certify that A. B., one ofthe parties to the above marriage, isto the best of our knowledge andbelief at the point of death, but ofsound mind, memory, andunderstanding ".

(3) Within twenty-four hours of suchsolemnization the minister shall send to theDistrict Registrar the duplicate of suchentry and certificate.

(4) The District Registrar shall, uponreceipt of such duplicate and certificate,forward an acknowledgment of the same tothe minister, and shall cause a copy of thesame to be posted for twenty-one days in aconspicuous place in his own office and inthe office of the registrar within whosedivision the marriage was solemnized.

(5) On the expiry of twenty-one daysfrom the date of the first posting of the copyas aforesaid by the District Registrar, heshall enter the marriage in the marriageregister book kept by him under section 34:

Provided that no caveat shall have beenlodged or other proceedings taken by way ofprohibition under sections 29 and 30, andon the registration of such marriage it shallbe deemed to be valid and effectual for allpurposes as if the same had been solemnizedby or in the presence of the minister upon acertificate issued by the proper registrar andthe requirements of section 34, subsections(2), (3), (4), (5), and (6), had been compliedwith.

(6) In the event of any caveat beingentered or proceedings being taken by wayof prohibition under sections 29 and 30, theDistrict Registrar shall not register themarriage till the order of the Family Courtor of the Court of Appeal is made undersection 31,

41. (1) The entry made by the registrarin his marriage register book under sections34, 35, and 40 shall constitute theregistration of the marriage, and shall be the

best evidence thereof before all courts andin all proceedings in which it may benecessary to give evidence of the marriage,

(2) The copy substituted under section37 (2) for the lost duplicate entry of aregistrar shall for the purposes of thissection be deemed an original entry made bythe registrar.

42. After any marriage shall have been Proof ofregistered under this Ordinance it shall not certian mattersbe necessary, in support of such marriage, not necessaryto give any proof of the actual dwelling or to validity ofof the period of dwelling of either of the registeredparties previous to the marriage within the marriage.division stated in any notice of marriage tobe the place of his or her residence, or of theconsent to any marriage having been givenby any person whose consent thereto wasrequired by law, or that the place or hour ofmarriage was the place or hour prescribedby this Ordinance, nor shall any evidence begiven to prove the contrary in any suit orlegal proceedings touching the validity ofsuch marriage.

43. (1) Where a marriage has beenheretofore contracted or shall hereafter becontracted which, without fault of theparties thereto, may have been omitted to beregistered, or may have been erroneously registrationregistered, either of the said parties, or inthe case of his or her death the issue orother lawful representative of such party,may apply to the Family Court havingjurisdiction over the division where themarriage was contracted to have suchmarriage duly registered, or the erroneousregistration amended.

Mode ofsupplyingomission andcorrectingerror in

(2) The court, after due notice to theRegistrar-General and the registrar orminister before whom the marriage wascontracted, and to such other parties as thecourt shall deem expedient, and afterhearing such evidence as may be producedbefore it or as it may think fit to call, shall,if it be satisfied that such marriage has beenduly contracted and not registered, or notcorrectly registered, without fault of theparties thereto, order the marriage to becorrectly registered.

(3) The Registrar-General shal lthereupon cause the marriage to be correctlyregistered according to the directions of thecourt.

VI/218

MARRIAGES (GENERAL) [Cap.131

Correction ofclerical errorsin registers.

Penalty onmaking falsedeclaration orgiving falsenotice.

Circumstancesin which amarriage willbe null andvoid.

Solemnizationof marriage bymeans of afalsedocument.

44. Any clerical error which may fromtime to time be discovered in a marriageregister may, after due inquiry, be correctedby any person authorized in that behalf bythe Registrar-General, subject to the rulesmade under the provisions of thisOrdinance.

45. (a) Any person who shallknowingly or wilfully make anyfalse declaration or sign any falsenotice required by this Ordinancefor the purpose of procuring theregistration of any marriage, and

(b) every person who shall forbid thegranting by any registrar of acertificate for marriage by falselyrepresenting himself or herself to bea person whose consent to suchmarriage is required by law,knowing such representation to befalse,

shall be guilty of the offence of giving falseevidence under Chapter XI of the PenalCode, and be liable to the penalties thereinprescribed,

46. If both the parties to any marriageshall knowingly and wilfully intermarryunder the provisions of this Ordinance inany place other than that prescribed by thisOrdinance, or under a false name or names,or except in cases of death-bed marriagesunder section 40, without certificate ofnotice duly issued, or shall knowingly orwilfully consent to or acquiesce in thesolemnization of the marriage by a personwho is not authorized to solemnize themarriage, the marriage of such parties shallbe null and void.

47. (1) If any valid marriage shall behad under this Ordinance by means of anywilfully false notice, certificate, ordeclaration made by either party to suchmarriage as to any matter to which a notice,certificate, or declaration is required, it shallbe competent for the proper Family Courtto inquire therein, upon the application ofeither of the parties, or, if the marriage shallhave been had without the consent of theperson whose consent was by law required,upon the application of such person or ofthe Attorney-General.

(2) After due inquiry the court mayorder and direct that all estate and interestin any property accruing to the offendingparty by the force of such marriage shall beforfeited, and shall be secured under thedirection of the court for the benefit of theinnocent party or of the issue of themarriage or of any of them, in such manneras the said court shall think fit for thepurpose of preventing the offending partyfrom deriving any interest in any real orpersonal estate or pecuniary benefit fromsuch marriage.

(3) If both the contracting parties shallin the judgment of the court be guilty of anysuch offence as aforesaid, it shall be lawfulfor the court to settle and secure suchproperty or any part thereof immediatelyfor the benefit of the issue of such marriage,subject to such provision for the offendingparty by way of maintenance or otherwiseas the court may think fit.

(4) The order of the Family Court shallbe subject to appeal to the Court of Appeal.

48. All agreements, settlements, anddeeds entered into or executed by the partiesto any such marriage in contemplation of,or before, or after, or in relation to, suchmarriage shall be absolutely void, and haveno force or effect so far as the same shall beinconsistent with the provisions of thesecurity and settlement made by the court asaforesaid.

49. (1) The Registrar-General, DistrictRegistrars, registrars, and ministers, shallkeep books for the purposes of thisOrdinance, in such form as is prescribed byor under this Ordinance, and shall carefullypreserve such books, and shall at no timeallow such books or other documents keptunder this Ordinance to remain out of theirpossession, except in obedience to an orderof a competent court, or except as providedin this Ordinance, or by any rules madethereunder.

(2) Every registrar and every minister ofa registered place of worship shall, whencalled upon by the Registrar-General or bythe District Registrar within whose districtsuch registrar's division or such registeredplace of worship is situated, produce for

Settlementsand agreementsin regard tosuch marriagevoid.

Books to bekept by theRegistrar-General,DistrictRegistrar, &c.

VI/219

Cap.131] MARRIA GES ( GENERAL)

Forms.

Search ofregisters andissue ofcertified copiesor extracts.

[§5, Law 41 of1975.]

Third copy,certified copyor extract to beprima facieevidence.[§5,Law41 of1975.]

inspection all books, documents, and paperskept under this Ordinance which are in hispossession as such registrar or minister.

(3) As each book of registers iscompleted by a registrar, he shall forward it,with all connected books, documents, andpapers, to the District Registrar, who shallpreserve them in his office.

50. (1) The forms in the First Scheduleto this Ordinance, or forms resembling thesame, shall be used in all cases in which theyare applicable, and when so used shall bevalid in law.

(2) The Minister, by rule made undersection 7, may alter from time to time all orany of the forms contained in the FirstSchedule to this Ordinance, or in any rulemade thereunder, in such manner as mayappear to him best for carrying into effectthis Ordinance, or may prescribe new formsfor that purpose.

(3) Every form when altered in pursuanceof this section shall have the same effect asif it had been contained in the FirstSchedule to this Ordinance.

51. (1) Any person shall be entitled, onmaking a written application to theRegistrar-General, District Registrar, orregistrar, and under such conditions and onthe payment of such fees as shall beprescribed by the Minister, to refer to anybook or document in the possession of suchRegistrar-General, District Registrar, orregistrar, and kept under this Ordinance orunder any enactment heretofore enactedrelating to the registration of marriages, andto demand, on payment of such fees as theMinister may prescribe, a certified copy ofor extract from every entry in such book ordocument.

(2) The applicant shall supply in respectof every written application and in respectof every certified copy or certified extractthereof a stamp or stamps of such value, asmay from time to time be prescribed.

52. Such copy or extract if purportingto be made under the hand of the Registrar-General or the District Registrar or anAdditional District Registrar or under thehand of the registrar or the third copy

Surrender ofrecords onregistrarceasing to holdoffice.

issued under section 35A shall be received asprima facie evidence of the matter to whichit relates, without any further or other proofof such entry.

53. In every case in^which a registrarshall cease to hold office, all the books,documents, papers, and other articles in hispossession as such registrar shall bedelivered by him or by his legalrepresentative as soon as conveniently maybe, with a list thereof to the DistrictRegistrar who shall carefully arrange andpreserve them in his office, save and exceptthe incomplete books which were in actualuse by the registrar at the time he ceased tohold office, and which shall be delivered bythe District Registrar to the successor inoffice of the registrar.

54. Notwithstanding anything to the Destruction ofcontrary in this Ordinance, any District documents.Registrar may cause any of the followingdocuments, that is to say :—

(1) any notice referred to in section 23,

(2) any marriage notice book referred toin section 25,

(3) any certificate referred to in section26.

(4) any licence or declaration referred toin section 27,

(5). any application or licence referred toin section 38,

which is forwarded or delivered to him inaccordance with the provisions of thisOrdinance, to be destroyed after a period often years from the date on which thedocument was received by him.

55. If any person being, by virtue of his Penalty foroffice as registrar or otherwise, in possession non-delivery.of books, documents, papers, and otherarticles specified in section 53, shall fail,neglect, or refuse to deliver them to theDistrict Registrar, he shall be guilty of anoffence punishable with simple or rigorousimprisonment for any term not exceedingtwo years, or with fine not exceeding onethousand rupees, or with both.

VI/220

MARRIAGES (GENERAL) [Cap. 131Penalty forlosing orinjuring adocument.

Penalty fordestruction ofdocuments andfor giving falsecertificates.

Penalty foromission toregister.

56. Every person having the custody ofany book or document made under thisOrdinance, or certified copy of such book ordocument or of any part thereof, who shallcarelessly lose or injure the same, orcarelessly allow the same to be injured whilein his keeping, shall be guilty of an offencepunishable with a fine not exceeding onehundred rupees, or with simple or rigorousimprisonment for a term not exceedingthree months or with both such fine andsuch imprisonment.

57. Every person who—

(a) shall, save as provided in section 54,knowingly and wilfully tear, deface,destroy, or injure any notice,certificate, declaration, book, orany document whatsoever keptunder this Ordinance, or under anyenactment previously in force, orany part of such document or ofcertified copy thereof or of partthereof; or

(b) shall knowingly and wilfully inserttherein any false entry of anymatter relating to any marriage orintended marriage; or

(c) shall sign or issue any false certificaterelating thereto; or

(d) shall certify any writing to be a copyor extract of any such book ordocument, knowing such book ordocument to be false in anyparticular,

shall be guilty of an offence punishable withimprisonment, simple or rigorous, for aterm not exceeding seven years, and with afine not exceeding one thousand rupees.

58. Every registrar who withoutreasonable cause refuses or omits to registera marriage, or to accept or enter a notice ofmarriage, or any particulars concerningwhich information has been tendered tohim, and which he ought to accept andenter, shall be liable to a fine not exceedingone hundred rupees.

59. Any minister—

(a) by or before whom, except in thecase of a death-bed marriage undersection 40, shall be solemnized amarriage before the delivery to himof the certificate or certificatesrequired by this Ordinance ; or

(b) who shall fail to enter duly in themarriage register the statement of amarriage on the day in which it wassolemnized by him, or to transmitwithin seven days from the date ofthe solemnization of the marriagethe duplicate statement of themarriage to the District Registrar;or

(c) who shall enter in the marriageregister any marriage notsolemnized in accordnace with theprovisions of this Ordinance; or

(d) who shall fail to perform any actrequired of him by this Ordinance;or

(e) who shall perform any act forbiddenor declared unlawful by thisOrdinance,

shall be guilty of an offence punishable by afine not exceeding one hundred rupees.

60. (a) Any person who shallknowingly and wilfully solemnize orpretend to solemnize a marriage notbeing legally competent to do so, orbetween parties not legallycompetent to contract the same, or,except in case of a death-bedmarriage under section 40, beforethe issue of the certificate orcertificates required by thisOrdinance, or in any place or at anytime not authorized by theprovisions of this Ordinance, orwho shall knowingly and wilfullysolemnize a marriage declared to be

t not valid or to be null and void bythis Ordinance; and

(b) any registrar who shall knowinglyand wilfully issue a certificatebefore or after the expiration of theprescribed period, or, if them a r r i a g e sha l l h a v e been

Offences byminister.

Unduesolemnizationof marriageand issue ofcertificate.

VI/221

Cap.131] MARRIAGES (GENERAL)

Notices,informations,declarations,certificates,&c., howtransmitted.

Fees payable.[§ 49, 11 of1963.]

forbidden or a caveat entered underthis Ordinance, before the disposalof such objection by a competentcourt; and

(c) any registrar or minister who shallKnowingly disobey any direction ofthe law as to the way in which he isto conduct himself, intending tocause or knowing it to be likely tocause injury to any person or to theGovernment,

shall be guilty of an offence, and punishablewith imprisonment, .simple or rigorous, forany term not exceeding two years, or with afine not exceeding one thousand rupees, orwith both.

61. All notices, informations,declarations, certificates, requisitions,returns, and other documents required orauthorized by this Ordinance to bedelivered, sent, or given to or by theRegistrar-General, or a District Registrar,or a registrar, or a minister, may be sent bypost (according to the prescribed rules ofthe Department of Posts) either in a prepaidletter or free on State service, and the dateat which they would be delivered to theperson to whom they are sent in''theordinary course of post shall be deemed tobe the date at which they were received; andin proving such receipt it shall be sufficientto prove that the letter was prepaid, or (if itbe a letter that might according to the rulesof the Department of Posts be sent free onState service) sent free on State service, andthat it was properly addressed and put intothe post.

62. (1) Subject to the provisions ofsection 34, the fees enumerated in theSecond Schedule shall be payable by and tothe persons therein mentioned and for theduties therein specified. In default ofpayment of such fee, the person to whom itis payable shall, subject to the prescribedrules, refuse, until payment, to perform theduty for which such fee is payable.

(2) In addition to the fees payable undersubsection (1), whenever a registrar enters anotice of marriage or solemnizes a marriage

at any place other than his office, there shallbe paid to him by the person requiring himto enter such notice or solemnize suchmarriage as expenses incurred by him intravelling from his residence to such placeand returning, from such place to hisresidence, a sum equal to. the fare thatwould be payable, under any law for thetime being in force in the area for a motorcab in respect of a journey of the samelength and duration, and if there is no suchlaw for the time being in force in that area,then a sum calculated at such rate as may beprescribed.

63. All proceedings in a Court of Justice Proceedings inunder this Ordinance shall be exempt from courts to be

exempt fromstamp duty unless otherwise specially stamp duty.provided.

64. In this Ordinance, unless the context Interpretation.otherwise requires—

" district" means administrative district;

'' District Registrar " in any section (otherthan section 8 or section 9) in whichany power, duty or function of thatofficer is prescribed or referred to,includes an Additional DistrictRegistrar;

" marriage" means any marriage, saveand except marriages contractedunder and by virtue of the.KandyanMarriage Ordinance, 1870,* or theKandyan Marriage and DivorceAct, and except marriagescontracted between personsprofessing Islam;

" minister " means any person ordained orset apart for the ministry of theChristian religion according to thecustoms, rules, ceremonies, or ritesof the church, denomination, orbody to which such person belongs;

"prescribed" means prescribed by rulemade under section 7.

" Registrar-General" includes a Deputy [§§2 and 3,Registrar-General Law 23 of

* Repealed by Act No. 44 of 1952. 1978.]

VI/222

Cap.131] MARRIAGES (GENERAL)

[Section 10(3).]

FormB

CERTIFICATE OF REGISTRY OF BUILDING FOR THE SOLEMNIZATION OF MARRIAGES

No. of Certificate :—

In pursuance of the application and declaration made under section 10 of the Marriage Registration Ordinance,I hereby certify that the building, used as a place of public Christian worship, described below, has been dulyregistered for the solemnization of marriages.*

Village or Street and Pattu, Korate, or other District Proprietors orDenomination onwhose behalf the

Witness my hand at... . . . . . . . . . . . . . . . . . . . . . . . . . .this......................day of..................,19....................

Registrar-General.

* In certificates of substitution add : " in lieu of the building registered under certificate No. . . . . . . . of the. . . . . . day of . . . . . . . . 19 ...., which is no longer used for the public worship of the congregation on whose behalfit was registered ".

Situation Religious

Description Division of Town Division of the District Trustees Building is

registered

[Section 12.] Form C

I do hereby declare that the under-mentioned building has ceased to be used for public Christian worship of thecongregation on whose behalf it was registered.

Witness my hand at........................this.................................day of.............,19

Minister, or Proprietor, or Trustee.

Description

Situation

Village or Streetand Division of

Town

Patlu, Korale,or other

Division ofthe District

District Number and Dateof Certificateof Registry

Name of Proprietoror Trustee in whose

name registered

ReligiousDenomination on

whose behalfregistered

VI/224

MARRIA GES (GENERAL) [Cap. 131

FormG

LICENCE FOR ISSUE OF REGISTRAR'S CERTIFICATE [Section 27(1).]

Whereas on the . . . . . . . . . . . . . . . day of ............... ,19 ...., notice was given to the •Registrar ofMarriages of the division o f . . . . . . . . . . . . . . . f within the . . . . . . . . . . . . . . . District of which I am the DistrictRegistrar/for which I am an Additional District Registrar, of a marriage intended to be had between . . . . . . . . . ...... and . . . . . . . . . . . therein mentioned, and the said . . . . . . . . . . . . . . . desires to obtain a licence for theimmediate issue of a certificate of such notice, and has made before the District Registrar of the . . . . . . . . . . . . . .District (or an Additional District Registrar for the . . . . . . . . . . . . . . . District) the declaration required for thatpurpose by subsection (3) of section 27 of the Marriage Registration Ordinance :

Now, therefore, in pursuance of the provisions of the said Ordinance, I do hereby authorize the said registrar toissue the said certificate at any time hereafter, and within three calendar months of the said . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . 19 . . . . .

Given under my hand this . . . . . . . . . . . . . . . day of ............... ,19......

District Registrar,or Additional District Registrar.

* Where the notice has been given to the District Registrar or to an Additional District Registrar, substitute " tothe District Registrar of the . . . . . . . . . . . .D is t r i c t " or "to an Additional District Registrar for the. . . . . . . . . . -District ", as the case may be.

} Strike out the words which are inapplicable.

FormH

LICENCE FOR ISSUE OF REGISTRAR'S CERTIFICATE [Section 27(2)-]

Whereas in pursuance of section 23 of the Marriage Registration Ordinance on the . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19 . . . . . . notice was given to . . . . . . . . . . . . . . . . Registrar of Marriages of the division of. . . . . . . . . . . . . . . . of a marriage intended to be had between . . . . . . . . . . . . . . . and . . . . . . . . . . . . . . . thereinmentioned, and a like notice on the . . . . . . . . . . . . . . . day o f . . . . . . . . . . . . . . . . 19 ...., was given to ........ . . . . . . . . Registrar of Marriages of the division of . . . . . . . . . . . . . . . ;

And the said . . . . . . . . . . . . . . . desires to obtain a licence for the immediate issue of a certificate, and has madebefore the District Registrar of the . . . . . . . . . . . . . . . District (or an Additional District Registrar for the . . . . . .. . . . . . . . . District) the declaration required for that purpose by subsection (3) of section 27 of the saidOrdinance:

Now, therefore, in pursuance of the provisions of the said Ordinance, I do hereby authorize the Registrar of thedivision of . . . . . . . . . . . . . . . to issue a certificate of the notice given to him at any time hereafter, and withinthree calendar months of the said . . . . . . . . . . . . . . . day o f . . . . . . . . . . . . . . . . 19 . . . . .

Given under my hand this ................ day of. . . . . . . . . . . . . . . . 19 .....

District Registrar,or Additional District Registrar.

VI/227

Cap. 131] MARRIAGES (GENERAL)

Form I

[Section 29.] NOTICE FORBIDDING ISSUE OF CERTIFICATE

To the Registrar of Marriages of. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Take notice that I, A. B.. of Colombo, being father (or mpther, or lawfully appointed guardian) of C. D.. ofColombo, do hereby, under section 29 of the Marriage Registration Ordinance, forbid the issue of a certificate forIhe solemnization of the marriage intended to be had between him (or her) and E. F., of Colombo, as the saidC. D. is under iweniy-one years of age, and has not obtained my consent to the said marriage as required bysection 22 of the aforesaid Ordinance.

Dated at..................................

Witnesses:

,this................................day of........................19

(Signature)

Form J

[Section 30.] CAVEAT FORBIDDING ISSUE OF CERTIFICATE

To the Registrar of Marriages of the division of Colombo.

I, A. B.. of Colombo, do hereby enter a caveat against the grant of certificate for the marriage intended to behad between C. D., of Colombo, and E. F., of Colombo, the parties named in the notice entered in the MarriageNotice Book of the division of Colombo on the . . . . . . . . . . . . . . . . on the ground (here state ground).

Signed a.. . . . . . . . . . . . . . . . . . . . , this..................................day of....................19..........., in the presenceof:

(1) Witness:.........................(2) Witness:.......................,(3) Registrar:............................

A. B.

FormK

[Section 31.] REPORT BY THE REGISTRAR TO THE JUDGE OF THE FAMILY COURT WHEN ISSUE OF CERTIFICATE is FORBIDDEN

To........................... the Judge of the Family Court of..................................

A. B., of Colombo, having entered a caveat (or delivered a notice), of which copy is annexed, forbidding theissue of the certificate for the marriage intended to be had between C. D., of Colombo, and E. F., of Katutara, theparties named in the annexed copy of notice duly entered in the)Marriage Notice Book on the . . . . . . . . . . . . . . . .I, G. H; Registrar of Marriages for the division of Colombo, do hereby apply to you for adjudication and decisionthereon, as provided by section 31 of the Marriage Registration Ordinance.

Dated at....................,this..........................day of........................,19.................................

G.H.,Registrar.

(Hereto annex a certified copy of the notice of the intended marriage and of the notice or caveat forbidding issueof certificate.)

VI/228

Cap.131] MARRIAGES (GENERAL)

This marriage was solemnized between us.................................

1 Signature of wi tness : . . . . . . . .

, in the presence of:

2 Name in full, rank or profession, and residence of witness :.............................

1Signature of witness : . . . . . . . . . . . . . . .2Name in full, rank or profession, and residence of witness :.......................................

Signed before me,.................................................Registrar or Minister.

» I certify that the above is a true copy of the statement No. . . . . . . . . . . . . . . . . furnished to me under section34 of the Marriage Registration Ordinance, of a marriage solemnized by or in the presence of . . . . . . . . . . . . . . . .minister.

Date of entry in District Registrar's Register:...............................................

Registrar.

* To be filled up only when entering a marriage solemnized by or in the presence of a minister.

(Section 62.][§5, Law 41 of1975.]

SECOND SCHEDULE

. .

.

. .

For what duty Payable by whom

. .

do.

Amount

1

20 001 50

VI/230

Payable to whom Rs. c.

Registrar . . Entering a notice of marriage at his office Applicant . . 0 50Do. . . Entering a notice of marriage at any other do. . . 2 50

placeDo. . . Issuing certificate of notice of marriage do. . . 0 50Do. . . For every marriage solemnized in his office Parties to marriage 1 50Do. . . For every marriage solemnized outside his do. ... 5 00

office under section 38 (1)District Registrar . . For every marriage solemnized outside his do. . . 75 00

office under section 38 (2)Additional District Registrar . . do. . . do. . . 50 00Registrar . . do. . . . . District Registrar Registration of marriage solemnized in a do. . . 1

registered place of public worship