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Divorce law to be modernised, simplified

Divorce law to be modernised, simplified

30 Jun 2023 | BY Sahan Tennekoon

Considering divorce as a right of a person, the Ministry of Justice, Prison Affairs and Constitutional Reforms is working to amend the divorce law to suit the needs of the times, The Daily Morning learnt.

Speaking to The Daily Morning yesterday (29), the Secretary to the Ministry Wasantha Perera said that the Ministry also hopes to make necessary amendments in the divorce law by reducing the existing complexities in the current divorce law. “According to the current divorce law, getting a divorce is a very complicated and time-consuming process. There is also a huge legal and social stigma associated with it. Because of this, many people are reluctant to go for a divorce. But, divorce is a right. Therefore, taking all these facts into consideration, we hope to make a law that is more suitable for the time. Our hope is to amend it in a more progressive manner than ever before. However, I cannot comment on what provisions are going to be changed as it is in its preliminary stage,” she said.

Meanwhile, Perera also said that while making the amendments to the prevailing divorce law, special attention will be paid to amending the legal provisions that raise concerns on both the applicable genders.

Speaking in the Parliament last week Minister,President’s Counsel (PC) Dr. Wijeyadasa Rajapakshe said that laws pertaining to divorce will be amended to meet the needs of modern society.

In response to a question raised by a Parliamentarian, he related the story of the husband of an education officer filing legal action against her and demanding a divorce after finding out that his wife had been attempting to have a sexual relationship with another female officer, but had been unsuccessful. “Unfortunately, Sri Lankan laws don’t have provisions for a person to call for a divorce when a person finds out that his or her spouse has been in a homosexual relationship with others. Therefore, we have planned to change laws pertaining to divorce," he said.

Two years ago, a committee appointed by then Justice Minister M.U.M. Ali Sabry PC to propose recommendations to reform the Marriage Registration Ordinance, No. 19 of 1907, pertaining to marriage, divorce, and the custody of children, had recommended less stringent laws on the grounds for obtaining a divorce. They had also proposed that it should be made possible for a divorce to be obtained by either party to a marriage, or on the mutual agreement of the parties, if the marriage has reached a state of disintegration where there is no reasonable prospect of it being restored. 



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