Mallakam District Court
06 June 2023
MATTER – T55/2011
I write further to my telephone conversation
with you yesterday. I confirm that I have
passed on to our lawyer, Mr Kanagasingham the message that the Registrar’s/your
report would be completed within a couple of days. Mr Kanagasingham informed us that the Judge
refused to accept his response in opposition to the Substitution of the next generation
members which effectively amounts to stirpes basis in breach of the High Court
decision that it needed to be on per capita basis.
We are therefore awaiting the final outcome
of this matter before taking further action, including educating the public who
are covered by Thesawalamai law, and the Matrimonial Rights and
Inheritance Ordinance No.15 of 1876 about how the current Judiciary is interpreting the relevant
provisions. As it stands now, the rule delivered by both courts is Equal share
irrespective whether daughters are paid dowry or not. In addition, as per the rejection of our opposition
to the substitution of the next generation, section 30 of the MATRIMONIAL
RIGHTS OF MARRIED PERSONS WITH REGARD TO PROPERTY AND THE LAW OF INHERITANCE would
need to be repealed. This section states:
when otherwise expressly provided, if all those who succeed to the inheritance
are equally near in degree to the intestate, they take per capita, and not per
per my lay mind’s application, the court, by rejecting our response in opposition,
has effectively repealed this section.
per my observation, majority users of the dowry system do so as a habit. In
families where there is not enough wealth to provide education to daughters at
equal level as sons, dowry has filled the gap. Otherwise, there is the real
risk of children separating from their parents to go in their own paths which
would promote separation as opposed to commonness.
current topic for research and Debate in Vaddukoddai is Higher Education vs
Employment after GCE O Levels. Once the Testamentary Matter is completed, we purpose to debate Dowry v Muthusum.
we get it right at family level, there would be less wastage of the court’s resources.
Our family miserably failed the Equal Opportunity
Test. The more folks are ignorant of the law, the greater the tendency to separate
as individuals. This causes destruction to community life.
M/- H Sajeeva Somaratne
Secretary – Judicial Service
Commission (Ref JI/SG/M 63/11)
Bar Association of Sri Lanka