Report on Family Law reforms presented to MOJ

By Asiri Fernando

The Advisory Committee to the Ministry of Justice (MOJ) on Reform and Review of Family Law presented its report to Justice Minister Ali Sabry yesterday (28).

The report of the 12-member committee chaired by Kushan D’Alwis PC includes recommendations on marriage, divorce and children.

The need for reforming family law in Sri Lanka has been highlighted for many years, with several ultimately unfruitful attempts made in the past to amend existing laws.  “The existing laws have not seen significant change for decades and are not in sync with modern times. This causes hardships for the parties involved looking to seek relief from the courts,” explained Coordinating Secretary at the Ministry of Justice (MOJ) Shamir Zavahir.

Key recommendations proposed by the committee include, that the dissolution of a marriage can be obtained by either party to a marriage, and to safeguard the interests of children by not letting them be treated as an extra-marital child despite a decree of nullity of marriage. Further, the committee recognises the right of a party to bring an action for dissolution of the marriage upon the presumption of death of the other party and recommends that the laws be amended for the recognition of divorces and annulments obtained in foreign jurisdictions.

Zavahir, an attorney-at-law tasked with overseeing justice reforms at the MOJ, told Daily FT that the ministry is exploring options for improving the privacy of the family law-related process and plan to bring in timelines to ensure divorce-related matters do not get drawn out in court.  

The Advisory Committee has made recommendations for the amendment of the Marriages (General) Ordinance, as appropriate.

It has also been recommended that as a means of deterring an otherwise hasty decision to terminate a marriage, the court will be granted discretion to facilitate reconciliation between parties where there is a reasonable possibility that they may be reconciled through counselling, treatment or reflection. A child’s age, gender, ascertainable wishes, needs, physical or psychological harm caused to the child, continuity and stability of the lifestyle of the child, and psychological, emotional and physical well-being of the child, have been recommended as vital factors to be considered in determining the welfare and best interests of the child in court.

The committee has made recommendations based on inspiration from several previous reports, including the Draft Matrimonial Causes Bill 2007, drafted by the Law Commission of Sri Lanka, a 2010 Report on Reform of Family Law and a proposed Draft Civil Procedure Code (Amendment) Act prepared by the Attorney General’s Department this year, among others.

The recommendations made apply to those governed by the General Law, and no recommendations have been made that affect persons governed by the personal laws, including the Kandyan Law and Muslim Law, Daily FT learns.