Kandyan law contd...

Kandyan law as a territorial law
Mongee V. Sirapay
Kershaw V. Nicoll

Transformation of Kandyan law into a personal law
Williams V. Robertson (1886)
Wijesingha V. Wijesingha (1891)
Narayanee V. Muthuswamy (1894)

Kandyan Marriage Ordinance of 1859
Kandyan Marriage Ordinance of 1870
Mixed marriage between a Kandyan Sinhalese and a low country sinhalese could not have been contracted under the Kanyan Marriage Ordinance.

Matrimonial Rights and inheritance Ordinance of 1876

• In a situation where a marriage takes place between persons of different race or nationality the wife became governed by the personal lawe of the husband during the subsistance of that marriage.
• No application due to two parties were in the same race. - Manikkam V. Peter

Kandyan Succession ordinance No. 23 of 1917
Children of a

• Marriage between a Kandyan man resident in Kandyan Provinces and a woman not subjected to Kandyan law
• Marriage contracted in binna between a Kandyan woman resident in Kandyan Province and a man not subjected to Kandyan law

Shall be governed by Kandyan law.

At the time Kandyna Succession Ordinance enacted marriages between Kandyans and non Kandyans could be solemnized under then existing Kandyan marriage Ordinance of 1870.

Kandyan Marriage and Divorce Act No. 44 of 1952

• Repealed Kandyan Marriage Ordinance of 1870
• Marriages can be solemnized under the Kandyan law only between Kandyan Parties.
• Registration under the act is impulsory. (Podinona V. Herathhamy)