6. The Kandyan Marriage and Divorce Act is hereby amended as follows:-
| (A) by the repeal of section 19 thereof and the substitution therefor, of the following section:
| | 19.
| | | (1) The following provisions shall apply in the case of a prospective Kandyan marriage in respect of which a special licence is required for the issue of a marriage notice certificate before the expiry of the period referred to in paragraph (3) (b) (i) of section 18: -
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| (2) The following provisions shall apply in the case of a prospective Kandyan marriage in respect of which a special licence is required for the issue of marriage notice certificates before the expiry of the period referred to in paragraph (4) (b) (ii) of section 18:
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| (3) Before a special licence is issued, one of the parties to the intended marriage shall appear in person before the Divisional Registrar or the District Registrar, or where notice has been given to two Divisional Registrars, before either of the two Registrars and make and subscribe a written declaration to the following effect: -
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| (4) Where the declaration is made before the District Registrar it shall bear stamps to the value of thirty rupees to be supplied by the party making the declaration and where the declaration is made before the Divisional Registrar it shall be accompanied by a receipt issued by the District Registrar in proof of payment of a sum of thirty rupees" |
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| (B) in section 23 thereof, by the repeal of subsection (2) of that section and the substitution therefor, of the following subsection:--
| | (2) The marriage registration entry -
| | | (a) shall be prepared in triplicate, that is to say, the original, the second copy (hereinafter referred to as the " duplicate "), and a third copy which shall bear an endorsement under the hand of the registrar to the effect that it is issued, under section 23a; and |
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| (C) by the insertion, immediately after section 23 thereof, of the following new section which shall have effect as section 23A thereof:
| | 23A. The third copy referred to in the preceding section shall forthwith, free of charge, be delivered or transmitted by post to the female party to the marriage by the registrar,"; | | |
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| (D) in section 24 thereof, by the repeal of subsection (1) of that section and the substitution therefore, of the following subsection:-
| | "(1) For the purpose of this Act, a Kandyan marriage shall be deemed to be, solemnized and registered in an authorized place and between the authorized hours on any day-
| | | (a) if the marriage is solemnized and registered by a Divisional Registrar -
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| (b) if the marriage is solemnized and registered by a Divisional Registrar-
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| (E) by the insertion, immediately after section 24 thereof, of the following new section which shall have effect as section 24A thereof:
| | 24A. For the resolution of any doubts, it is hereby declared, that, notwithstanding anything to the contrary in section 2.4, where any Kandyan marriage has, before the coming into operation at this section, been solemnized and registered between the hours of 6 a.m. and 6 p.m. at any place outside the office of a District Registrar or Divisional Registrar, such solemnization and registration shall be deemed to be as valid and effectual, as if it has been solemnized and registered between the hours of 6 a.m. and 6 p.m. in the office of the District-Registrar or the Divisional Registrar, "; | | |
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| (F) by the repeal of section 26 thereof, and the substitution therefor, of the following new section-
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| | | (1) Where the original of a marriage registration entry under this is lost, damaged, has become illegible or is in danger of becoming illegible, and the duplicate is available, the Registrar-General may, after due inquiry, cause to be substituted therefor, a copy of the duplicate certified by him to have been made after verification with the duplicate and to be a true copy of the duplicate. Every such copy shall replace the original and shall, for all purposes, be deemed to be the original of the marriage registration entry. |
| (2) Where the duplicate of a marriage registration entry under this Act is lost, damaged, has become illegible or is in danger of becoming illegible and the original is in the custody of a Registrar, the Registrar-General may, after due inquiry, cause to be substituted therefor a copy of the original, certified by the Registrar to have been made after verification with the original and to be a true copy of the original and, if such Registrar is a Divisional Registrar countersigned by the District Registrar in whose district the division of such Divisional Registrar is situated. Every such copy shall replace the duplicate and shall, for all purposes, be deemed to be the duplicate of the marriage registration entry. |
| (3) Where both the original and the duplicate of a marriage registration entry under this Act are lost, damaged, have become illegible or are in danger of becoming illegible, the provisions of section 13 of the Births and Deaths Registration Act shall, mutatis mutandis, apply to and in relation to the substitution of copies of such original and duplicate. Such copies shall replace the original and duplicate and shall, for all purposes, be deemed to be the original marriage registration entry and the duplicate of the marriage registration entry, respectively."; |
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| (G) in section 33 thereof-
| | (i) by the repeal of subsections (1), (2) and (12) of that section, and the substitution therefor, of the following subsections respectively:-
| | | '(1) The male party to a Kandyan marriage may apply for a dissolution of the marriage on any ground specified in paragraph (a) or paragraph (c) or paragraph (e) of section.32 and the female party to a Kandyan marriage may apply for a dissolution thereof on any ground specified in paragraph (b) or paragraph (d) or paragraph (e) of that section. Such application shall be made to the District Registrar for the district in which the party applicant resides, or in a case where the party applicant resides outside the Kandyan provinces to the District Registrar for the district in which the respondent resides or in which the marriage was registered. |
| (2) Both parties to a Kandyan marriage may jointly apply to the District Registrar for the district in which either of the parties resides or in a case where both parties reside outside the Kandyan provinces, to the District Registrar for the district where the marriage was registered for a dissolution of the marriage on the ground specified in paragraph (f) of section 32.
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| | (ii) by the insertion, immediately after subsection (13) of that section, of the following new subsections :-
| | | "(14) Every District Registrar shall, in respect of each month, by such date as may be fixed by the Registrar-General, send to the Registrar-General for custody in his office- (a) the duplicate of every registration entry made under subsection (10) by such District Registrar during that month; and (b) if no such entry was made during that month, a certificate to that effect. |
| (15) Where the original of the registration entry referred to in subsection (10) is lost, damaged, has become illegible or is in danger of becoming illegible, and the duplicate is available, the Registrar-General may, after such inquiry as he may deem necessary, cause such original to be replaced by a copy of the duplicate certified by him to have been made after verification of the copy with the duplicate. Every such copy shall replace the original and shall for all purposes, be deemed to be the original of the registration entry made under subsection (10). |
| (16)Where the duplicate of a registration entry made under subsection (10) is lost, damaged, has become illegible or is in danger of becoming illegible and the original is in the custody of the District Registrar, the Registrar-General may, after such inquiry as he may deem necessary, cause to be substituted therefor a copy of the original certified by the District Registrar to have been made after verification with the on original and to be a true copy of the original. Every such copy shall replace the duplicate of the registration entry and shall, for all purposes, be deemed to be the duplicate of the original registration entry made under subsection (10). |
| (17) Where both the original of the registration entry made under subsection (10) and the duplicate sent to the Registrar General under subsection (14) are lost, damaged, have become illegible or are in danger of becoming illegible, the provisions of section 13 of the Births and Deaths Registration Act shall, mutatis mutandis, apply to and in relation to the substitution of copies of such original and duplicate. Such copies shall replace the original and duplicate and shall, for all purposes, be deemed to be the original of the divorce registration entry and the duplicate of the original divorce registration entry, respectively."; and |
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| (H) in section 56 thereof, by the repeal of subsection (2) of that section, and the substitution therefor, of the following subsection:-
| | "(2) Such copy or extract, if purporting to be made under the hand of the Registrar-General or an Assistant Registrar General or the District Registrar or an Additional District Registrar or the Divisional Registrar and the third copy issued under sections 23a and 33 (12) shall be received as prima facie evidence of the matters to which it relates without any further proof of the entry. | | |
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Sri Lanka Consolidated Acts