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Law and marriage

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‘Law is Light’ is a series of trilingual legal discussions to shed light on the law. The Latin maxim ‘ignorantia legis neminem excusat’ translates to ignorance of the law is not an excuse. The Pro Bono Committee of the Law Students’ Association of Sri Lanka strives to educate the general public by simplifying the laws in our country. In the sixth discussion, the programme focused on ‘Laws on Marriage’ to provide an understanding of the rights and duties of individuals.

The discussion featured Attorney-at-Law Nisal Kohona, the Chairman of Veritas Academia

1. What is marriage according to law? What are the laws pertaining to different marriages. Marriage is a contract made in conjunction with the law, where a free man and a free woman reciprocally engage to live in the union that exists between husband and wife.The Sri Lankan General Law of marriage has been considerably influenced by Roman Dutch Law (RDL) and the English law. The Marriage Registration Ordinance (MRO) no.19 of 1907 states the laws pertaining to marriage under general law. The Ordinance applies to marriages between individuals of different ethnic and religious communities. Kandyan Sinhalese may choose to be governed by the General Law or Kandyan Law. The ordinance does not govern marriages contracted between Muslims as the provisions of MRO do not apply.

2. What are the types of valid marriage? Registered marriage: In terms of General Law (MRO) any party other than citizens who follow the Muslim faith can enter into a marriage under this ordinance as stated in the preamble.The Registrar shall follow the steps stated in terms of S.23 to S.36 of the MRO. The issuance of the certificate of marriage is given in Section 26 of the MRO. Thereupon a marriage under MRO will be constituted as validSection 23 (1) – Must check if the parties have resided in Sri Lanka for ten days and one of the parties may give notice to the registrar of the division in which they have dwelt.S. 23 (2) – If not within the same division, must give notice to the registrarS.23 (3) – If one party is not residing in SL, the other party must give noticeS.23 (4) – If neither party is a resident of SL, notice shall be given and such party must reside in Sri Lanka for not less than four days prior to the marriage.

S.25 – After receiving such notices, the registrar shall enter the details in the ‘marriage notice book’ and such is considered to be publication of the notice and then the registrar shall issue the certificate of marriage in terms of Section 26.Customary marriages: The courts have recognized customary marriages contracted according to customary rites and practices. If all the essentials of the customary marriage are in conformity it is possible to contract a valid marriage outside the purview of the statute.

3. Is registering the marriage a vital requirement?Registration of marriage is not mandatory under the ordinance. An entry made in the marriage register is the best evidence of the marriage. The courts do consider the information submitted in the registrar book (S. 41 of the Marriage Registration Ordinance).The law recognizes a rebuttable presumption of marriage by habit and repute (cohabitation). Customary marriages, including those of various ethnicities and the rites and rituals they follow, have been accepted as valid despite the fact that they are unregistered.

4. Who can contract a marriage in terms of age, capacity, prohibited degrees of relationship?In terms of Section 15, prior to 1995, for males it was 16 years and for females it was 12 years. However after the amendment act no.18 of 1995, both parties must have completed 18 years. This was affirmed in the case of (Thiyagarajah V Kurukkal (1923) 25 NLR 69). In this case the girl was 11 years and one month when she entered into marriage. The courts held the marriage null and void. (Gunaratnam V Registrar General)S.16 deals with the prohibited degree of marriage in the following situations:a. Where either party is a direct descendent of the otherb. between a sister and a brother (Either half blood or full blood)c. between parents and their step childrenS.18 states that, no marriage is valid where either party has contracted a prior marriage until it has been legally dissolved or declared void. This was affirmed in the case of Hettiarachchi V Hettiarachchi and others (2004) 3 SLR 116.S.17 of MRO states that any marriage or cohabitation between parties standing towards each other in any of the prohibited degree of relationships, shall be deemed to be an offence, and shall be punishable with imprisonment, simple or rigorous, for any period not exceeding one year.

5. What is cohabitation?This is an instance where two parties have been living together as husband and wife and have been recognised as a married couple by their relatives and friends. It is merely based on a presumption until such has been rebutted. Habit refers to the parties living together as husband and wife for a period of time. Repute refers to their acceptance by the society as a married couple. When a man and woman have lived together as husband and wife, the law will presume unless and until the contrary is proved that they were living together in consequence of marriage and not in a state of concubinage.It must be noted that cohabitation by repute and habit is based on a mere presumption and the simple justification that they are living together does not create a valid marriage. (Requires further indication that they lived as a couple). The burden of rebutting the presumption rests on the person who alleges that there was no lawful marriage and they exist as concubines. In Fernando V Dabarera both the parties cohabiting were dead and there was a need to see if such parties were married as there was no evidence of registration of their marriage. The only evidence that existed was the evidence of how they treated each other. Court held marriage by habit and repute could be recognised by law.

The presumption of habit and repute cannot be raised in the case of Kandyan parties. The Kandyan Marriage and Divorce (Amendment) Act (KMDA) specifically states that registration is compulsory under such act and that a marriage which is not registered either under MRO or KMDA is void.

6. What is customary marriage?A customary marriage is a marriage contracted according to traditional custom and recognised by customs of such country. There are no specific legal provisions stated in the MRO as they are mostly recognized by case law. Customary marriages can be conducted according to the rituals usually followed by those of same ethnicities, religion or area.Customary marriages are governed by the customary laws established in Sri Lanka, the KMDA for Kandyans, Muslim Marriage and Divorce Act (MMDA) for Mulism and Tesawalami for Jaffna Tamils. Any other ethnicities can enter into a marriage under the MRO.

7. What are the different marriage laws in Sri Lanka? There are customary laws wherein any party who falls within the ambit or scope of such act, can either enter into a marriage under such customary law which then will be governed pertaining to the custom or if not such party can enter into a marriage under the General Law of MRO.An example is where the KMDA allows any party who falls within the ambit of such act, to register under the MRO as well, but a marriage cannot be valid until such marriage is registered.

8. Can a person choose which law to be married under?

Of course, if the customary act allows any such person who is a follower of such faith to be married and registered under any laws other than such customary laws, then they can do so.There can be instances where the other party entering into a marriage might not fall within the scope of such customary law. Therefore, a need arises for the freedom to select under which law one should register one’s marriage.

Kandyan marriage

1. Pertaining to Kandyan marriage laws, do both individuals have to be Kandyan?The KMDA applies to Kandyan marriages and divorces as stated in the preamble. It allows any Kandyan who was a resident of the Kandyan province, as at 1850, to enter into a marriage under this law, or any person who is a descendent of the said category. Therefore it is important that both parties are deemed Kandyans in order for the KMDA to apply. However, leeway has been given to parties to register their marriage under the KMDA or the MRO.

2. Is registration compulsory for Kandyan?In terms of Section 3 (1) (a), it states that a marriage between persons subject to Kandyan Law, shall be solemnized and registered under this act or under the MRO and Section 3 (1) (b) states that any such marriage which is not so solemnized and registered shall be invalid.Therefore registration is compulsory if either party is entering into a marriage under the KMDA. However, even a Kandyan can still fall within the ambit of the KMDA although registered under the MRO as the KMDA allows such registration.

3. Is one woman marrying more than one man still in practice under Kandyan Law?Kandyan law does not recognize polygamy and polyandry. This will amount to bigamy just as in ordinary law and will amount to a criminal offence.

4. Can a Kandyan opt out of the Kandyan Marriage Act and marry under General Law?

Yes, they can register themselves under the MRO and the marriage will be governed by laws pertaining to marriage and divorce under the MRO.

(Compile y Zeenath Zakir Pro bono Secretary 2020-2021

The complete discussion is available on YouTube channel ‘Law Students Association of Sri Lanka’, in all three languages. The laws are subject to change with future developments by the legislature.)



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Features

Ranking public services with AI — A roadmap to reviving institutions like SriLankan Airlines

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Efficacy measures an organisation’s capacity to achieve its mission and intended outcomes under planned or optimal conditions. It differs from efficiency, which focuses on achieving objectives with minimal resources, and effectiveness, which evaluates results in real-world conditions. Today, modern AI tools, using publicly available data, enable objective assessment of the efficacy of Sri Lanka’s government institutions.

Among key public bodies, the Supreme Court of Sri Lanka emerges as the most efficacious, outperforming the Department of Inland Revenue, Sri Lanka Customs, the Election Commission, and Parliament. In the financial and regulatory sector, the Central Bank of Sri Lanka (CBSL) ranks highest, ahead of the Securities and Exchange Commission, the Public Utilities Commission, the Telecommunications Regulatory Commission, the Insurance Regulatory Commission, and the Sri Lanka Standards Institution.

Among state-owned enterprises, the Sri Lanka Ports Authority (SLPA) leads in efficacy, followed by Bank of Ceylon and People’s Bank. Other institutions assessed included the State Pharmaceuticals Corporation, the National Water Supply and Drainage Board, the Ceylon Electricity Board, the Ceylon Petroleum Corporation, and the Sri Lanka Transport Board. At the lower end of the spectrum were Lanka Sathosa and Sri Lankan Airlines, highlighting a critical challenge for the national economy.

Sri Lankan Airlines, consistently ranked at the bottom, has long been a financial drain. Despite successive governments’ reform attempts, sustainable solutions remain elusive.

Globally, the most profitable airlines operate as highly integrated, technology-enabled ecosystems rather than as fragmented departments. Operations, finance, fleet management, route planning, engineering, marketing, and customer service are closely coordinated, sharing real-time data to maximise efficiency, safety, and profitability.

The challenge for Sri Lankan Airlines is structural. Its operations are fragmented, overly hierarchical, and poorly aligned. Simply replacing the CEO or senior leadership will not address these deep-seated weaknesses. What the airline needs is a cohesive, integrated organisational ecosystem that leverages technology for cross-functional planning and real-time decision-making.

The government must urgently consider restructuring Sri Lankan Airlines to encourage:

=Joint planning across operational divisions

=Data-driven, evidence-based decision-making

=Continuous cross-functional consultation

=Collaborative strategic decisions on route rationalisation, fleet renewal, partnerships, and cost management, rather than exclusive top-down mandates

Sustainable reform requires systemic change. Without modernised organisational structures, stronger accountability, and aligned incentives across divisions, financial recovery will remain out of reach. An integrated, performance-oriented model offers the most realistic path to operational efficiency and long-term viability.

Reforming loss-making institutions like Sri Lankan Airlines is not merely a matter of leadership change — it is a structural overhaul essential to ensuring these entities contribute productively to the national economy rather than remain perpetual burdens.

By Chula Goonasekera – Citizen Analyst

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Features

Why Pi Day?

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International Day of Mathematics falls tomorrow

The approximate value of Pi (π) is 3.14 in mathematics. Therefore, the day 14 March is celebrated as the Pi Day. In 2019, UNESCO proclaimed 14 March as the International Day of Mathematics.

Ancient Babylonians and Egyptians figured out that the circumference of a circle is slightly more than three times its diameter. But they could not come up with an exact value for this ratio although they knew that it is a constant. This constant was later named as π which is a letter in the Greek alphabet.

Archimedes

It was the Greek mathematician Archimedes (250 BC) who was able to find an upper bound and a lower bound for this constant. He drew a circle of diameter one unit and drew hexagons inside and outside the circle such that the sides of each hexagon touch the sides of the circle. In mathematics the circle passing through all vertices of a polygon is called a ‘circumcircle’ and the largest circle that fits inside a polygon tangent to all its sides is called an ‘incircle’. The total length of the smaller hexagon then becomes the lower bound of π and the length of the hexagon outside the circle is the upper bound. He realised that by increasing the number of sides of the polygon can make the bounds get closer to the value of Pi and increased the number of sides to 12,24,48 and 60. He argued that by increasing the number of sides will ultimately result in obtaining the original circle, thereby laying the foundation for the theory of limits. He ended up with the lower bound as 22/7 and the upper bound 223/71. He could not continue his research as his hometown Syracuse was invaded by Romans and was killed by one of the soldiers. His last words were ‘do not disturb my circles’, perhaps a reference to his continuing efforts to find the value of π to a greater accuracy.

Archimedes can be considered as the father of geometry. His contributions revolutionised geometry and his methods anticipated integral calculus. He invented the pulley and the hydraulic screw for drawing water from a well. He also discovered the law of hydrostatics. He formulated the law of levers which states that a smaller weight placed farther from a pivot can balance a much heavier weight closer to it. He famously said “Give me a lever long enough and a place to stand and I will move the earth”.

Mathematicians have found many expressions for π as a sum of infinite series that converge to its value. One such famous series is the Leibniz Series found in 1674 by the German mathematician Gottfried Leibniz, which is given below.

π = 4 ( 1 – 1/3 + 1/5 – 1/7 + 1/9 – ………….)

The Indian mathematical genius Ramanujan came up with a magnificent formula in 1910. The short form of the formula is as follows.

π = 9801/(1103 √8)

For practical applications an approximation is sufficient. Even NASA uses only the approximation 3.141592653589793 for its interplanetary navigation calculations.

It is not just an interesting and curious number. It is used for calculations in navigation, encryption, space exploration, video game development and even in medicine. As π is fundamental to spherical geometry, it is at the heart of positioning systems in GPS navigations. It also contributes significantly to cybersecurity. As it is an irrational number it is an excellent foundation for generating randomness required in encryption and securing communications. In the medical field, it helps to calculate blood flow rates and pressure differentials. In diagnostic tools such as CT scans and MRI, pi is an important component in mathematical algorithms and signal processing techniques.

This elegant, never-ending number demonstrates how mathematics transforms into practical applications that shape our world. The possibilities of what it can do are infinite as the number itself. It has become a symbol of beauty and complexity in mathematics. “It matters little who first arrives at an idea, rather what is significant is how far that idea can go.” said Sophie Germain.

Mathematics fans are intrigued by this irrational number and attempt to calculate it as far as they can. In March 2022, Emma Haruka Iwao of Japan calculated it to 100 trillion decimal places in Google Cloud. It had taken 157 days. The Guinness World Record for reciting the number from memory is held by Rajveer Meena of India for 70000 decimal places over 10 hours.

Happy Pi Day!

The author is a senior examiner of the International Baccalaureate in the UK and an educational consultant at the Overseas School of Colombo.

by R N A de Silva

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Features

Sheer rise of Realpolitik making the world see the brink

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A combined US-Israel attack on Iran.(BBC)

The recent humanly costly torpedoing of an Iranian naval vessel in Sri Lanka’s Exclusive Economic Zone by a US submarine has raised a number of issues of great importance to international political discourse and law that call for elucidation. It is best that enlightened commentary is brought to bear in such discussions because at present misleading and uninformed speculation on questions arising from the incident are being aired by particularly jingoistic politicians of Sri Lanka’s South which could prove deleterious.

As matters stand, there seems to be no credible evidence that the Indian state was aware of the impending torpedoing of the Iranian vessel but these acerbic-tongued politicians of Sri Lanka’s South would have the local public believe that the tragedy was triggered with India’s connivance. Likewise, India is accused of ‘embroiling’ Sri Lanka in the incident on account of seemingly having prior knowledge of it and not warning Sri Lanka about the impending disaster.

It is plain that a process is once again afoot to raise anti-India hysteria in Sri Lanka. An obligation is cast on the Sri Lankan government to ensure that incendiary speculation of the above kind is defeated and India-Sri Lanka relations are prevented from being in any way harmed. Proactive measures are needed by the Sri Lankan government and well meaning quarters to ensure that public discourse in such matters have a factual and rational basis. ‘Knowledge gaps’ could prove hazardous.

Meanwhile, there could be no doubt that Sri Lanka’s sovereignty was violated by the US because the sinking of the Iranian vessel took place in Sri Lanka’s Exclusive Economic Zone. While there is no international decrying of the incident, and this is to be regretted, Sri Lanka’s helplessness and small player status would enable the US to ‘get away with it’.

Could anything be done by the international community to hold the US to account over the act of lawlessness in question? None is the answer at present. This is because in the current ‘Global Disorder’ major powers could commit the gravest international irregularities with impunity. As the threadbare cliché declares, ‘Might is Right’….. or so it seems.

Unfortunately, the UN could only merely verbally denounce any violations of International Law by the world’s foremost powers. It cannot use countervailing force against violators of the law, for example, on account of the divided nature of the UN Security Council, whose permanent members have shown incapability of seeing eye-to-eye on grave matters relating to International Law and order over the decades.

The foregoing considerations could force the conclusion on uncritical sections that Political Realism or Realpolitik has won out in the end. A basic premise of the school of thought known as Political Realism is that power or force wielded by states and international actors determine the shape, direction and substance of international relations. This school stands in marked contrast to political idealists who essentially proclaim that moral norms and values determine the nature of local and international politics.

While, British political scientist Thomas Hobbes, for instance, was a proponent of Political Realism, political idealism has its roots in the teachings of Socrates, Plato and latterly Friedrich Hegel of Germany, to name just few such notables.

On the face of it, therefore, there is no getting way from the conclusion that coercive force is the deciding factor in international politics. If this were not so, US President Donald Trump in collaboration with Israeli Rightist Premier Benjamin Natanyahu could not have wielded the ‘big stick’, so to speak, on Iran, killed its Supreme Head of State, terrorized the Iranian public and gone ‘scot-free’. That is, currently, the US’ impunity seems to be limitless.

Moreover, the evidence is that the Western bloc is reuniting in the face of Iran’s threats to stymie the flow of oil from West Asia to the rest of the world. The recent G7 summit witnessed a coming together of the foremost powers of the global North to ensure that the West does not suffer grave negative consequences from any future blocking of western oil supplies.

Meanwhile, Israel is having a ‘free run’ of the Middle East, so to speak, picking out perceived adversarial powers, such as Lebanon, and militarily neutralizing them; once again with impunity. On the other hand, Iran has been bringing under assault, with no questions asked, Gulf states that are seen as allying with the US and Israel. West Asia is facing a compounded crisis and International Law seems to be helplessly silent.

Wittingly or unwittingly, matters at the heart of International Law and peace are being obfuscated by some pro-Trump administration commentators meanwhile. For example, retired US Navy Captain Brent Sadler has cited Article 51 of the UN Charter, which provides for the right to self or collective self-defence of UN member states in the face of armed attacks, as justifying the US sinking of the Iranian vessel (See page 2 of The Island of March 10, 2026). But the Article makes it clear that such measures could be resorted to by UN members only ‘ if an armed attack occurs’ against them and under no other circumstances. But no such thing happened in the incident in question and the US acted under a sheer threat perception.

Clearly, the US has violated the Article through its action and has once again demonstrated its tendency to arbitrarily use military might. The general drift of Sadler’s thinking is that in the face of pressing national priorities, obligations of a state under International Law could be side-stepped. This is a sure recipe for international anarchy because in such a policy environment states could pursue their national interests, irrespective of their merits, disregarding in the process their obligations towards the international community.

Moreover, Article 51 repeatedly reiterates the authority of the UN Security Council and the obligation of those states that act in self-defence to report to the Council and be guided by it. Sadler, therefore, could be said to have cited the Article very selectively, whereas, right along member states’ commitments to the UNSC are stressed.

However, it is beyond doubt that international anarchy has strengthened its grip over the world. While the US set destabilizing precedents after the crumbling of the Cold War that paved the way for the current anarchic situation, Russia further aggravated these degenerative trends through its invasion of Ukraine. Stepping back from anarchy has thus emerged as the prime challenge for the world community.

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