Creating a new chapter in Sri Lanka’s legal history, the Sri Lankan judiciary has recognized the validity of a marriage annulment decree issued by a Federal Court in Australia for a marriage contracted in Sri Lanka.
Colombo Additional District Court Judge Chandima Edirimanna issued a decree dissolving the marriage of a couple who hold Australian citizenship in response to an application made by the plaintiff’s attorney.
The Additional District Court Judge noted that the court is issuing this order after considering the guidelines set forth by a recent Court of Appeal judgment in a writ application, which recognizes and enforces divorce decrees issued by competent courts in other countries.
In its recent judgment (CA/WRIT/266/2021), the Court of Appeal ruled that a District Court in Sri Lanka is not prohibited from accepting a valid document proving the dissolution of a marriage issued by a competent court in another country. However, the Court of Appeal stipulated that this acceptance must adhere to the guidelines established by the court and the provisions of the law relating to evidence.
The first guideline is to determine whether the law of the respective country has granted jurisdiction to its courts to dissolve marriages entered into in a foreign territory. Secondly, it is essential that both parties who entered into the marriage contract in Sri Lanka have been residing in the respective country for a reasonable period of time when applying for a divorce. Thirdly, both the husband and wife should actively participate in the divorce proceedings in the foreign court and comply with the procedures adopted by that court concerning matrimonial actions.
The Court of Appeal’s judgment was a landmark decision. Until then, divorces obtained in foreign courts by Sri Lankans who married in Sri Lanka and moved overseas were not accepted here. Justice Sobhitha Rajakaruna’s judgment, with Justice Dhammika Ganepola agreeing, changes the status quo for the first time.
