Obtaining a Divorce
Obtaining divorce under General Marriage Law
This activity is completely a judicial procedure. It is suitable to consult an attorney–at–law and obtain legal advices.
Obtaining Divorce for a Kandyan Marriage
Applications should be forwarded to,
- If the applicant is resided in up country area, the District Registrar of the Divisional Secretariat belonging to the residential area of the applicant .
- If the applicant is not resided in up country area, and the respondent is resided in an up country area , the District Registrar of the Divisional Secretariat belonging to the same area or the District Registrar belonging to the Divisional Secretariat in which the marriage has been registered.
- If the two parties are resided outside from the upcountry area, the District Registrar of the Divisional Secretariat belonging to the division of which the marriage registered.
Obtain the application for the requesting of the divorce from the District Registrar
Documents to be submitted
- Duly filled application
- Kandyan Marriage Certificate
- If documents available require for proof the complaint.
Two parties are summoned for inquiries by the District Registrar
If the matters mentioned in the application are confirmed, decree divorce declared by the District Registrar. Otherwise divorce is rejected.
- If the decree declared by the District Registrar is not accepted, an appeal can be forwarded to the District registrar by the unsatisfied party within 30 days.
The relevant appeal will be forwarded to the District Court by the District Registrar and future actions will be taken according to the court order.
Obtaining Divorce for a Muslim Marriage
A request should be forwarded to the Quazi who has been appointed for his area by the Ministry of Justice by the female or the male, to divorce a marriage solemnized under Muslim Marriage and Divorce Act.(Refer Chapter 115 of Muslim Marriage and Divorce Act,No.13 of 1951)
Obtaining Divorce Certificate
Obtaining of Kandyan Marriage and Divorce Certificate
If an appeal has not presented in relation to the decree divorce which is declared by the District Registrar, (within 30 days of the decree declared) after completion of the appeal period ,the divorce certificate is given for the female party.
If an appeal has presented against the decision made by the District Registrar on the divorce ,the divorce certificate is issued by the relevant District Registrar according to the court order.
Obtaining of Muslim Marriage and Divorce Certificate
A divorce certificate is issued free of charge to the relevant female party at the moment of the divorcing the marriage by the quazi and if another copy is required, a certified copy can be obtained by forwarding application to the divisional secretariat which is belonging to the area of authority of the Quazi.