[Full Bench.]

Sept.20,1911    Present: Lascelles C.J., Middleton J., and Grenier J.

THE KING v. PERUMAL.

[Crown Case reserved.]

Second Midland Circuit, Kandy, Case No. 8.

Indian Tamil settled at Kandy not governed by Tesawalamai-Polygamous marriage in Ceylon of Indian Hindu void-Burden of proof-Penal Code, s. 362.

A Hindu (Tamil) who was a native of Tinnevelly in South India, who had settled in the Central Province of Ceylon, was held not to be governed by the Tesawalamai.

A polygamous marriage between persons who are not Muhammadans is void in Ceylon, even though it is valid by the law of the country in which the husband has his domicile.

Where an accused, a Hindu, was charged under section 362 of the Penal Code, the prosecution led no affirmative evidence to prove the kurai ceremony at the time of the celebration of the first marriage; but a witness for the prosecution deposed that all that was necessary to constitute the marriage was done; he also said that the kurai ceremony was an important portion of the ceremony.

Held, that even if the kurai ceremony was an essential part of the marriage ceremony, that it was proved.

Lascelles C.J.-The