CHAPTER 70

MATRIMONIAL RIGHTS AND INHERITANCE (JAFFNA)

Ordinances AN ORDINANCE TO AMEND THE LAW RELATING TO THE MATRIMONIAL RIGHTS OF THE
Nos. 1 of 1911, TAMILS WHO ARE NOW GOVERNED BY THE "TESAWALAMAI" WITH REGARD TO
58 of 1947.
PROPERTY AND LAW OF INHERITANCE.

[17th July. 1911.]

PARTI

PRELIMINARY

Short title. 1. This Ordinance may be cited as the where hereinafter is otherwise expressly
Jaffna Matrimonial Rights and Inheritance provided) be governed by such law as would
Ordinance.* have been applicable thereto if this
Ordinance had not been passed.
Application of 2. This Ordinance shall apply only to
Ordinance. those Tamils to whom the Tesawalamai 5. The respective matrimonial rights of Matrimonial
applies, and it shall apply in respect of their every husband and wife married after the rights of those
married after
movable and immovable property wherever commencement of this Ordinance in, to, or the Ordinance
situate. in respect of movable or immovable to be governed
property shall, during the subsistence of by the
Ordinance.
Applicability 3. (1) Whenever a woman to whom the such marriage, be governed by the
of Tesawalamai applies marries a man to provisions of this Ordinance.
Tesawalamai
to married whom the Tesawalamai does not apply, she
women. shall not during the subsistence of the 6. All movable or immovable property Property of a
marriage be subject to the Tesawalamai. to which any woman married after the wife acquired
during or
commencement of this Ordinance may be before
(2) Whenever a woman to whom the entitled at the time of her marriage, or marriage to
Tesawalamai does not apply marries a man which she may during the subsistence of the remain her
separate
to whom the Tesawalamai does apply, she marriage acquire or become entitled to by property.
shall during the subsistence of the marriage way of gift or inheritance or by conversion
be subject to the Tesawalamai. of any property to which she may have been
so entitled or which she may so acquire or
PART II become entitled to, shall, subject and
without prejudice to the trusts of any will or
MATRIMONIAL RIGHTS OF HUSBAND AND settlement affecting the same, belong to the
WIFE WITH REFERENCE TO PROPERTY woman for her separate estate, and shall not
be liable for the debts or engagements of her
Matrimonial 4. The respective matrimonial rights of husband, unless incurred for or in respect
rights of any husband and wife with regard to of t h e c u l t i v a t i o n , u p k e e p , r e p a i r s ,
spouses
married before property or status arising under or by virtue management, or improvement of such
the Ordinance. of any marriage solemnized before the property, or for or in regard to any charges,
commencement of this Ordinance, and all rates, or taxes imposed by law in respect
rights which any other person may have thereof, and her receipts atone or the
acquired or become entitled to under or by receipts of her duly authorized agent shall
virtue of any such marriage, shall (except be a good discharge for the rents, issues,

* See also section 24 (2) of the Judicature Act.

IV/16
 MA TRIMONIAL RIGHTS AND INHERITANCE (JAFFNA) [Cap.70
and profits arising from or in respect of disposition of or dealing with such property
such property. Such woman shall, subject by such woman. Every such petition shall
and without prejudice to any such trusts as require a stamp of ten rupees, but no further
aforesaid, have as full power of disposing of stamp duty shall be required for any legal
and dealing with such property by any proceedings under this section. Such order
lawful act inter vivos without the consent of shall be subject to appeal to the Court of
the husband in case of movables, or with his Appeal:
written consent in the case of immovables,
but not otherwise, or by last will without Provided, however, that in any case where
consent, as if she were unmarried. a separation a mensa et thoro has been
decreed by a competent court, the consent
Property of 7. All movable or immovable property of the husband shall not be necessary to
husband to which any husband married after the enable the wife so separated to deal with or
acquired before dispose of her property. The summary
or after commencement of this Ordinance may be
marriage to be entitled at the time of his marriage, or, inquiry prescribed by this section may be
his separate which he may during the subsistence of the held by the Judge of the Family Court in his
property. private room if either party so requires.
marriage acquire or become entitled to by
way of gift or inheritance or by conversion
9. It shal l be lawful for any husband or power of
of any property to which he may have been wife (whether married before or after the husband or
so entitled or which he may so acquire or wife to make
become entitled to, shall, subject and commencement of this Ordinance), gifts to each
notwithstanding the relation of marriage, to other.
without prejudice to the trusts of any will or
make or join each other in making during
settlement affecting the same, belong to the
the marriage any voluntary grant, gift, or
husband for his separate estate. Such
settlement of any property, whether
husband shall, subject and without prejudice
movable or immovable, to, upon, or in
to any such trusts as aforesaid, have full
favour of the other; but, except jewels,
power of disposing of and dealing with such
personal ornaments, and wearing apparel
property.
suitable in respect of value to the wife's rank
given to her by her husband, all property so
Power to 8. If in any case in which the consent of
Family Court granted, gifted, or settled, and all
a husband is required by this Ordinance for
to supply acquisitions made by a husband or wife out
consent in the valid disposition of or dealing with any
of or by means of the moneys or property of
certain cases. property by the wife, the wife shall be
the other, shall be subject to the debts and
deserted by her husband or separated from
engagements of each spouse in the same
him by mutual consent, or he shall have lain
manner and to the same extent as if such
in prison under a sentence or order of any
grant, gift, settlement, or acquisition had
competent court for a period exceeding two
not been made or had not occurred.
years, or if he shall be a person of unsound
mind or idiot, or his place of abode shall be 10. (1) If any question or dispute shall Power of
unknown, or if his consent is unreasonably arise between any husband and wife Family Court
withheld, or the interest of the wife or (whether married before or after the to settle
children of the marriage require that such commencement of this Ordinance) relative disputte
consent should be dispensed with, it shall be to any property declared by this Ordinance between
lawful for the wife to apply by petition to to be the separate property of the wife, husband and
the Family Court of the district in which she either party may apply by motion in a wife
resides or in which the property is situated summary way to the Family Court of the
for an order authorizing her to dispose of or district in which either party resides, and
deal with such property without her thereupon the Judge of the Family Court
husband's consent; and such court may, may make such order, direct such inquiry,
after summary inquiry into the truth of the and award such costs as he shall think fit;
petition, make such order, and that subject and the Judge of the Family Court may, if
to such conditions and restrictions as the either party so require, hear the application
justice of the case may require, whereupon in his private room.
such consent shall, if so ordered and subject
to the terms and conditions of such order, (2) Any order so made shall be subject
become no longer necessary for the valid to appeal to the Court of Appeal.

IV/17
Cap.70] MA TRIMONIAL RIGHTS AND INHERITANCE (JAFFNA)
(3) Every such motion shall require a PART III
stamp of ten rupees, but no further stamp INHERITANCE
duty shall be required for any other legal
proceedings under this section. 14. The following sections of this Applicability
Ordinance shall apply to the estate of such of sections of
this Part of the
Power to 11. A husband or wife (whether married persons only as shall die after the Ordinance.
husband or before or after the commencement of this commencement of this Ordinance, and shall
wife to effect
Ordinance) may after the commencement of be then unmarried, or if married, shall have
policy of been married after the commencement of
insurance upon this Ordinance effect a policy of insurance
his or her life. this Ordinance.
upon his or her own life or the life of his or
her wife or husband, as the case may be, for 15. Property devolving on a person by Mudusam or
his or her separate use; and the same and descent at the death of his or her parent or property
all benefits thereof if expressed on the face devolving on
of any other ancestor in the ascending line is death of
of it to be so effected shall enure called mudusam (patrimonial inheritance). ancestor.
accordingly, and the contract in such policy
with a married woman shall be as valid as if 16. Property devolving on a person by Urumai or
made with an unmarried woman, descent at the death of a relative other than property
devolving on
a parent or an ancestor in the ascending line death of
Effect of life 12. A policy of insurance, whether is called urumai (non-patrimonial relative.
insurance by inheritance).
effected before or after the commencement
husband in
favour of wife of this Ordinance, by any married man 17. Property received by any person in Property
or children. (whether married before or after the mudusam, or in urumai. or in dowry, or derived from
commencement of this Ordinance), on his under a will as heir, or legatee, or in the father's
side.
own life and expressed upon the face of it to donation, or in a manner other than for
be for the benefit of his wife or of his wife pecuniary consideration from a father, or
and children or any of them, shall enure any of his ascendants, or any of his
and may be deemed a trust for the benefit of collateral relations is said to be property
his wife for her separate use and of his derived from the father's side.
children or any of them according to the
interest so expressed, and shall not, so long 18. Property received in mudusam, or in Property
as any object of the trust remains, be subject urumai, or in dowry, or under a will as heir derived from
the mother's
or legatee, or in donation, or in a manner side.
to the control of the husband or his
other than for pecuniary consideration from
creditors or form part of the estate;
a mother, or any of her ascendants, or any
of her collateral relations, is said to be
Provided that if it shall be proved that the property derived from the mother's side.
policy was effected and the premiums paid
by the husband with intent to defraud his 19. No property other than the Meaning of
creditors, they shall be entitled to receive following shall be deemed to be the thediatheddam.
out of the sum secured an amount equal to thediatheddam of a spouse :—
the premiums so paid.
(a) Property acquired by that spouse
during the subsistence of the
Married 13. A married woman having separate marriage for valuable
woman having property adequate for the purpose shall be consideration, such consideration
separate
property to be subject to all such liability for the not forming or representing any
liable to maintenance of her children as a widow is part of the separate estate of that
maintain her spouse.
children. now by law subject to for the maintenance
of her children: (b) Profits arising during the subsistence
of the marriage from the separate
Husband's Provided that nothing in this Ordinance estate of that spouse.
liability not shall relieve her husband from any liability 20. On the death of either spouse one Devolution of
affected
thereby. at present imposed upon him by law to half of the thediatheddam which belonged thediatheddam.
maintain her children. to the deceased spouse, and has not been

IV/18
 MATRIMONIAL RIGHTS AND INHERITANCE (JAFFNA) [Cap. 70
disposed of by last will or otherwise, shall issue by representation, or only on half-
devolve on the surviving spouse and the brothers and half-sisters related to the
other half shall devolve on the heirs of the intestate by the side of the mother and their
deceased spouse. issue by representation, if there are no full
brothers and sisters or their issue.
Inheritance 21. Subject to the right of the surviving
generally. spouse in the preceding section mentioned, 27. All the persons above enumerated Rights of
the right of inheritance is divided in the failing, the property derived by the intestate paternal
following order as respects (a) descendants, grandparents,
from the father's side and one-half of the paternal uncles
(b) ascendants, (c) collaterals. remainder of the intestate's estate (exclusive and aunts, and
of the property derived from the mother's great-
Rights of - 22. Children, grandchildren, and side) shall devolve on the paternal grandparents.
children. remoter descendants are preferent to all
grandchildren, grandparent or grandparents of the
and remoter others in the estate of the parents. All the intestate, if surviving; and failing them, on
descendants. children take equally per capita ; but the paternal uncles and aunts and the issues of
children or remoter issue of a deceased child the paternal uncles and aunts by
take per stirpes. representation; paternal uncles and aunts
and their issues failing, on the great-
Heir in default 23. The children and remoter grandparent or great-grandparents per
of children. descendants failing, the whole of the capita, if surviving; and failing them, on the
property the deceased derived from the brothers and sisters of the paternal
father's side and one-half of the remainder of grandparents and their descendants, if
the estate of the deceased (exclusive of the surviving; afterwards on the brothers and
property derived from the mother's side) the sisters of the next nearest in the ascending
father, if surviving, shall inherit. line of the father and their descendants by
representation, if surviving.
Mother's right 24. The whole of the property the
where children deceased derived from the mother's side and 28. The property derived from the Rights of
fail. maternal
one-half of the remainder of the estate of mother's side and one-half of the remainder
grandparents,
the deceased (exclusive of the property of the intestate's estate (exclusive .of that maternal
derived from the father's side) the mother, if derived from the father's side) shall devolve uncles and
surviving, shall inherit. on the maternal grandparent or aunts, and
grandparents, if surviving ; and failing them, maternal great-
grandparents.
Rights of 25. Father failing, the property of the on maternal uncles and aunts and the issue
brothers and intestate derived from the father's side and of the maternal uncles and aunts by
sisters where representation; maternal uncles and aunts
father has pre- one-half of the remainder of the intestate's
deceased estate (exclusive of that derived from the and their issue failing, on the great-
intestate. mother's side) shall devolve upon the grandparent or great-grandparents per
intestate's full brothers and sisters as well as capita, if surviving; and failing them, on the
upon half-brothers and half-sisters related brothers and sisters of the maternal
to the intestate by the side of the father, in grandparents and their descendants, if
surviving; afterwards on the brothers and
equal shares, and their children and other
sisters of the next nearest in the ascending
issue by representation, or only on half- line of the mother and their descendants by
brothers and half-sisters related to the representation who may be surviving,
intestate by the side of the father and their
issue by representation, if there are no full
brothers and sisters or their issue. 29. Except when otherwise expressly How estate is
provided, if all those who succeeded to the divided where
those who
Rights where 26. Mother failing, the property of the inheritance are equally near in degree to the inherit arc
mother has intestate derived from the mother's side and intestate, they take per capita and not per equally near in
predeceased stirpes. degree to
intestate. one-half of the remainder of the intestate's intestate.
estate (exclusive of that derived from the
father's side) shall devolve upon the 30. (1) On failure of kindred on the How property
intestate's full brothers and sisters as well as father's side, property derived from that side is divided on
failure of
on half-brothers and half-sisters related to shall devolve on the mother and her kindred kindred on the
the intestate by the side of the mother, in in the order mentioned in the preceding side of either
equal shares, and their children and other sections. parent.

IV/19
Cap.70] MA TRIMONIAL RIGHTS AND INHERITANCE (JAFFNA)
(2) On failure of kindred on the 38. A surviving spouse continuing in Liability of
mother's side, property derived from that possession of the estate of the deceased surviving
spouse to
side shall devolve on the father and his spouse as stated in the last section shall be maintain minor
kindred in the order prescribed in the bound to maintain the children till they child
foregoing sections. attain majority either by effluxion of time or
by marriage.
When whole 31. All the persons above enumerated
inheritance failing, the entire inheritance goes to the
goes to the
surviving surviving spouse, if any. PARTY
spouse.

When estate 32. If anyone dies intestate without INTERPRETATION AND REPEAL
escheats to heirs, his or her estate escheats to the State.
the Slate.
If, however, any heirs can be found, even 39. In this Ordinance, unless there is Interpretation.
beyond the tenth degree, they take the something repugnant in the subject or
inheritance.
context—
Collation of 33. Children or grandchildren by
property by representation becoming with their brothers " immovable property" includes land,
children or
grand- and sisters heirs to the deceased parents, incorporeal tenements, and things
children. unless they abandon all right to inherit as attached to the earth or
heirs ab intestato, are bound to bring into permanently fastened to anything
hotchpot or collation all that they have which is attached to the earth, and
received from their deceased parents above any interest in land except such as
the others by way of dowry or otherwise on arises from a mortgage;
the occasion of their marriage, or to
advance or establish them in life, unless it
can be proved that the deceased parent " movable property " means property of
either expressly or impliedly released any every description except immovable
property so given from collation, property;
Rights of 34. Illegitimate children shall inherit the
illegitimate property of their intestate mother, but not " matrimonial rights" means the
children.
that of their father. respective rights and powers of
married parties in or about the
Devolution of 35. When an illegitimate person leaves management, control, disposition,
property of no surviving spouse or descendants, his or
illegitimate and alienation of property
children. her property will go to the mother, and then belonging to either party, or to
to the heirs of the mother so as to exclude
which either party may be entitled
the State.
during marriage;
Cases not 36. In all questions relating to the
provided for by distribution of the property of an intestate
this Ordinance. " unmarried" means not having a
where this Ordinance is silent, the husband or wife living.
provisions of the Matrimonial Rights and
Inheritance Ordinance, and such laws as
apply to the Tamil inhabitants of the All words expressive of relationship shall
Western Province, shall apply. apply to a child in the womb at the time in
question who is afterwards born alive.
PART IV
LIFE INTEREST
40. So much of the provisions of the Repeal.
Interest of 37. When the estate of a deceased parent collection of customary law known as the
surviving devolves on a minor child, the surviving Tesawalamai, and so much of the provisions
spouse in estate
devolving on parent may continue to possess the same of section 8 of the Wills Ordinance, as are
minor child. and enjoy the income thereof until such inconsistent with the provisions of this
child is married or attains majority. Ordinance are hereby repealed.

IV/20