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IN THE MATTER OF THE CAVEAT ENTERED BY CHRISTIAN MUTIAH


In the Matter of the Caveat entered by Christian Muttiah.

In the Matter of the Caveat entered by Christian Muttiah.

D. C., Colombo, 211.

Marriage registration-Ordinance No. ii of 1895, ss, 30, 31-Caveat by brother of bride-Frivolous end vexatious objection-Opportunity for showing cause.

A District Judge, who inquires summarily under section 31 of Ordinance No. 2 of 1895 into the matter of a caveat entered against a marriage proposed to be registered, is not bound to give the caveator in every case an opportunity to show cause why he should not be fined for entering the caveat on frivolous and vexatious grounds.

Per browne, A.J.- A caveator, who is not a legal guardian of either

of the parties who intend to marry, always takes upon himself a certain risk of creating a social scandal by his interference, and it is extremely desirable that all matters which such a person brings forward should be disposed of as quickly as possible. It is for this reason, I think, that Ordinance No. 2 of 1895, section 31, clause 2, requires that the procedure of the District Court should be by summary inquiry.

This Ordinance differs from the Criminal Procedure Code, which, in section

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