CA paves way for recognition of overseas divorce decrees

Monday, 4 December 2023 01:13 - - {{hitsCtrl.values.hits}}

The Court of Appeal has delivered an unprecedented verdict, asserting that there should be no impediment to the dissolution of a marriage that originally took place in Sri Lanka, as ruled by a competent court in a foreign country.

Historically, divorces obtained from foreign courts by Sri Lankans who initially married in the country and later went abroad were not acknowledged within the national legal framework.

However, a significant shift occurred when Justice Dhammika Ganepola supported Justice Sobitha Rajakaruna’s decision, marking the first time a change had taken place in this regard in the country.

The petitioner, Liyanage Champika Harendera Silva through his legal counsel had filed a petition seeking the issuance of a writ of certiorari to annul the decision made by the Registrar General of Marriages in March 2021, which asserted that it is not feasible, under the existing laws of Sri Lanka, to recognise the dissolution of a marriage obtained in a foreign country.

The Registrar General of Marriages in Sri Lanka had maintained that the petitioner is therefore required to initiate a divorce case before a ‘competent court’ in Sri Lanka.

Petitioner Silva additionally sought a writ of mandamus, compelling the respondents and the Registrar General to legally recognise and enforce the decree of divorce issued by a family court in England, officially dissolving the marriage between him and respondent Purna Sewwandi Nagasinghe.

Justice Rajakaruna expressed a leaning towards accepting Champika Harendra Silva’s proposition, indicating that the legislature did not intend to restrict the term ‘some competent court’ exclusively to a Sri Lankan court.

Following three guidelines outlined by him, which include the stipulation that both parties must have resided in the relevant country for a reasonable period when applying for divorce, and subject to other laws of Sri Lanka, Justice Rajakaruna asserted that a valid decree of dissolution of marriage obtained in a foreign country can be enforced in Sri Lanka when necessary. The court consequently ordered the cancellation of the registrar’s decision.