Ran Etana Et Al. V. Nekappu Et Al.

Present: Wood Renton J. and Grenier J.   June.2,1911

RAN ETANA et al. v. NEKAPPU et al.

139- D. C. Kegalla, 2,506.

Kandyan law-Woman marrying in " diga " after death of parents- Forfeiture of right to paternal properly-Marriage in "diga" pending an action for declaration of tide by woman-Objections taken during trial-Counsel must get Judge to note them.

It is the duty of the brothers, after the death of their parents, to give their sister in marriage, whether in bina or in diga; but there is nothing to prevent a woman from voluntarily contracting either kind of marriage; where she contracts a diga marriage voluntarily, she forfeits her rights to the paternal inheritance.

Where during the pendency of an action for declaration of title by a Kandyan woman for her paternal property she contracted a marriage in diga,-

Held, that she had ceased to be the heir to any part of her father's estate, and that she could not claim a declaration of title to her paternal property.

It is the duty of a pleader, when taking a substantial objection in the course of a trial, to ask the Court to note his objection and the Court's decision thereon, i

Click Here to Read the rest of this document