Thesis Chapters by Rose Wijeyeskera
The existing divorce law of Sri Lanka encompasses three different statutes and covers three socia... more The existing divorce law of Sri Lanka encompasses three different statutes and covers three social groups: the Marriage Registration Ordinance and the Civil Procedure Code provide for low-country Sinhalese, some Kandyan Sinhalese as well as Tamils, including those Sinhalese and Tamils who are Christians. The Muslim Marriage and Divorce Act prescribes the procedure under which Muslim marriages are dissolved and is governed by the law of the sect to which the parties belong. The Kandyan Marriage and Divorce Act caters for those Kandyan Sinhalese who prefer to contract a marriage under this Act, and dissolution of such marriages are dealt with in the same Act.
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable breakdown of marriage. The main theme of this study is to establish the inappropriateness of the fault-based divorce law and adversarial divorce procedure, and to introduce an effective divorce law based on marital failure.
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The existing divorce law of Sri Lanka encompasses three different statutes and covers three socia... more The existing divorce law of Sri Lanka encompasses three different statutes and covers three social groups: the Marriage Registration Ordinance and the Civil Procedure Code provide for low-country Sinhalese, some Kandyan Sinhalese as well as Tamils, including those Sinhalese and Tamils who are Christians. The Muslim Marriage and Divorce Act prescribes the procedure under which Muslim marriages are dissolved and is governed by the law of the sect to which the parties belong. The Kandyan Marriage and Divorce Act caters for those Kandyan Sinhalese who prefer to contract a marriage under this Act, and dissolution of such marriages are dealt with in the same Act.
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable breakdown of marriage. The main theme of this study is to establish the inappropriateness of the fault-based divorce law and adversarial divorce procedure, and to introduce an effective divorce law based on marital failure.
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Unpublished
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the con... more The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable breakdown of marriage. This study attempts to establish the inappropriateness of the fault-based divorce law and adversarial divorce procedure, and to introduce an effective divorce law based on marital failure to better suit the socio-legal context in Sri Lanka.
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Papers by Rose Wijeyeskera
Despite being a signatory to some key Hague Conventions on private international law related aspe... more Despite being a signatory to some key Hague Conventions on private international law related aspects, Sri Lanka is skeptical as far as the private international law is concerned. A first glance at the situation gives the definite imprint of legal uncertainty, caused by diverse reasons ranging from religious to political. Judicial determinations oscillate between tradition and novelty based on positivism and modernism affecting various aspects of human life. Amidst this background, the chapter attempts to analyze the legal statement affecting the lives and rights of citizens who choose to make bonds beyond horizons, and the approaches adopted to resolving the legal issues arising from and related to such bonds, specifically in respect of inter-country child abduction. In the context of the broad objectives of the Civil Aspects of International Child Abduction Act of 2001, which Sri Lanka enacted in honoring its international obligations and to give effect to the Hague Convention on t...
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Sri Lanka Journal of International Law
The law and the procedure creates a veil of assumptions which make the laymen to believe that div... more The law and the procedure creates a veil of assumptions which make the laymen to believe that divorce is granted as a punishment for marital delinquency and a reward for virtue, yet in practice couples work together with their attorneys, out of necessity or out of compulsion, in order to obtain divorce, and to fulfill the requirements of law and maintain an adversarial behavior in court. Hence, introducing a divorce law based on the recognition of the reality of marital failure would not only give a decent burial to a dead marriage but would save the parties from deceitful acts.
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Drafts by Rose Wijeyeskera
The idea that 'every child's best interests should be protected' is recognized internationally, r... more The idea that 'every child's best interests should be protected' is recognized internationally, regionally and nationally as a fundamental right of every child. However, national standards in terms of 'the child's best interest' vary on diverse factors spanning from the survival of the family, the group, the nation to the survival of humanity. In an era where rights-based justice focuses on the protection of witnesses as well as victims rather than exclusively of the disputing parties, recognizing children involved in family disputes, particularly relating to custody, guardianship and adoption, as passive subjects of adult interests, rights and desires should, ideally, have long elapsed. This is more so where national constitutions also recognize the importance of protecting children and their rights. Yet, the situation of children engulfed in family disputes remains bleak, to say the least. Nevertheless, children as human beings are entitled for rights, which cannot be denied on the basis of their vulnerability and immaturity, but impose obligations on others to
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Thesis Chapters by Rose Wijeyeskera
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable breakdown of marriage. The main theme of this study is to establish the inappropriateness of the fault-based divorce law and adversarial divorce procedure, and to introduce an effective divorce law based on marital failure.
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable breakdown of marriage. The main theme of this study is to establish the inappropriateness of the fault-based divorce law and adversarial divorce procedure, and to introduce an effective divorce law based on marital failure.
Papers by Rose Wijeyeskera
Drafts by Rose Wijeyeskera
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable breakdown of marriage. The main theme of this study is to establish the inappropriateness of the fault-based divorce law and adversarial divorce procedure, and to introduce an effective divorce law based on marital failure.
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable breakdown of marriage. The main theme of this study is to establish the inappropriateness of the fault-based divorce law and adversarial divorce procedure, and to introduce an effective divorce law based on marital failure.