Velupillai V. Sivakamipillai

Present: Mr. Justice Middleton and Mr. Justice "Wood Renton.

VELUPILLAI v. SIVAKAMIPILLAI.

D. C. (Testamentary), Batticaloa, 488.

    Tesawalamai-Jaffna Tamil resident in Batticaloa-Married in Matrimonial rights of spouses-Ordinance No. HI of 1844, s. 6.

A Jaffna Tamil went over to Batticaloa and resided there for about thirty-five years prior to his death (in 1907), and acquired lands and other properties. In 1891 he married -in Jaffna a native of Jaffna, and allowed his wife and children to live in Jaffna and visited them periodically. In 1902 he removed his family to Batticaloa and lived there till his death.

Held, that the matrimonial rights of the parties were governed by the Tesawalamai.

The position of the widow would depend on her special legal rights under the customary law of Jaffna which was applicable' to her husband at the date of her marriage; it would not be competent for the husband to deprive her of those rights, at least by acquiring without her consent a subsequent domicil of choice in the District of Batticaloa.

Both under the general law and in view of the special provisions of section 6 of Ordinance No.

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