The Registrar

Mallakam District Court

Mallakam

Sri Lanka

 

06 June 2023

 

Dear Registrar,

 

TESTAMENTARY 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30 of the MATRIMONIAL RIGHTS OF MARRIED PERSONS WITH REGARD TO PROPERTY AND THE LAW OF INHERITANCE would need to be repealed.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:

 

‘Except 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 stirpes.’

 

As per my lay mind’s application, the court, by rejecting our response in opposition, has effectively repealed this section.

 

As 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.

 

Our 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.

If 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.

 

Yours sincerely,

Gajalakshmi Paramasivam

 

CC: M/- H Sajeeva Somaratne

Secretary – Judicial Service Commission (Ref JI/SG/M 63/11)

 

Bar Association of Sri Lanka