LE MESURIER v. LE MESURIER et al

LE MESURIER   v.  LE MESURIER  et  al 

D. C, Matara, 502.

Marriage between British or European spouse resident in the Island- Matrimonial law of Ceylon-Proclamation of 23rd September, 1799- Charters of 1801 and 1833-Scope of s. 597 of Civil Procedure Code-Applicability of Roman-Dutch law-Authority of International law in the consideration of jurisdiction of Courts-Remedies for matri­monial misconduct allowable by Courts of the residence of the spouses- Action for divorce-for judicial separation-for alimony.

The matrimonial law of Ceylon, established by the Proclamation of 23rd September, 1799, was superseded, or at least modified, in so far as it related to British and European residents, by the enactments of the Royal Charter of 1801. Bat upon the repeal of those enactments by the Charter of Justice of the 18th February, 1833, the Proclamation of 1799 was revived, and the matrimonial law applicable to such residents again became the Roman-Dutch law.

The Roman-Dutch law does not give jurisdiction to the Courts of the country in which spouses domiciled elsewhere are for the time resident, to entertain a divorce suit.

Neither does section 597 of the Civil Procedure Code, nor did previous enactments to a similar effect, empower a District Court to entertain any divorce suit which was not previously cognizable by the Courts of the Island.

According to international law, which is authoritative in the absence of any municipal law to the contrary, the true domicile of the married pair, as distinguished from their so-called matrimonial domicile, affords the only test of jurisdiction to dissolve their marriage ; and the Courts of England will not recognize as effectual the decree of a foreign court divorcing spouses who at its date had their domicile in England.

But though a District Court of the Island cannot decree a dissolu­tion of marriage in the case of such residents, yet it may, under the rules of international law, administer other remedies for matrimonial misconduct, such as judicial separation on the ground of cruelty, and alimony for desertion.

THE plaintiff in this case appealed to Her Majesty the Queen in Her Privy Council against the judgment of the Supreme Court delivered on the 29th June, 1895, setting aside the judgment of the District Court of Matara, and dismissing plaintiff's action with costs.

The facts of the case are fully set forth in the judgment of the Lords of the Judicial Committee of the Privy

Click Here to Read the rest of this document