HND in LAW

Unit: Legal Systems

Batch: 16
Semester: 01
Note: 15
PERSONAL & TERRITORIAL LAW
Kandyan Law, Muslim Law & Tesawalamai Law are 3 systems of law found in Sri Lanka, which
are not of general application. But apply to sections of the community. These are sometimes
not very accurately (exactly) referred to as the Personal Laws.
Student Notes
The term personal law, in this context must be distinguished from a territorial law. A
territorial law is one which applies to all persons’ resident in particular territory. The
application of a personal law does not depend upon where a person resides. But applies
instead to a section of the population in a given territory an account of certain common
factors which they all possess. Thus the application of a personal law may be determining
by the community to which persons belong by birth or because of adherence (loyalty) to a
religion.

However, it will be seen that only Muslim law is a personal law in the real sense of the term.
Kandyan Law (though historically a territorial law) and the Tesawalamai cannot today be
said to fall exactly within either category. These laws are sometimes referred to as
Customary Law.

PERSONAL LAWS IN SRI LANKA

Kandyan Law
Kandyan law is the customary law that originates from the Kingdom of Kandy, which is
applicable to Sri Lankans who are Buddhist and from the former provinces of the Kandyan
Kingdom. It is one of three customary laws which are still in use in Sri Lanka.

In the case of Williams v Robertson, it was held that, Kandyan law was a personal law.

Marriage under Kandyan Law

 Binna marriage - A marriage in which the husband joins the wife's family, where the
wife may inherit her family property in equal or more portion. The husband does not
inherit his wife's estate which transfers to their children on her death. The husband
however may administrate her holdings and has life interest on her estate.

 Diga marriage - A marriage in which the wife joins the husband's family, where the
wife may only inherit a lesser or no share of her family property. Her dowry is
incorporated into the wealth of the husband's family.

Divorce
1. Adultery by the wife;
2. Adultery by the husband, coupled with incest or gross cruelty;
3. Continued and complete desertion for two years;
4. Inability to live together, of which actual separation from bed and board for one
year is the test; and.
5. Mutual consent.

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HND in LAW
Unit: Legal Systems
Batch: 16
Semester: 01
Note: 15
Important cases under Kandyan Law
 Narayanee v Muttuswamy – Immigrant Tamils residence in the Kandyan province
were not govern by Kandyan Law.
 Manikkan v Peter – Succession of the property of a Kandyan woman married to a
low country Sinhalese was held to be governed by the Kandyan Law.
Student Notes  Kapuruhamy v Appuhamy – Child of a low country Sinhalese man who had
permanently settled in the Kandyan provinces and married a Kandyan woman was
held not to be subject to Kandyan Law.
 Mudiyanse v Appuhamy – Succession of a property of a man resident in the Kandyan
provinces, the son of a Kandyan father by a woman of the low country, was held to
be not governed by the Kandyan Law.

Sources of Kandyan Law

 Customs & Usages
 Books
 Statute Law
 Case Law
 Decisions of the Board of the Commissioners.

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