Present: Pereira J. and Ennis J.

GUNARATNA v. PUNCHIHAMY.

Marriage-Presumption of marriage from cohabitation, habit, and repute-Evidence that there was no registration or marriage according to native rites-Presumption rebutted.

The respondent (Punchihamy) sought to establish in this case marriage between herself and one Deonis (deceased). The evidence established the facts of cohabitation, habit, and repute, but the respondent, while giving evidence herself of the facts of cohabitation, habit, and repute, gave evidence also to the effect that in fact there was no marriage either under the Ordinance or according to native rites and customs.

Held, that the presumption of marriage from the evidence of cohabitation, habit, and repute was rebutted.

Pereira J.-After the coming into operation of the Marriage Ordinance of 1663 it was open to parties to contract a marriage according to native rites and customs quite independently of the requirements of the Ordinance, and marriages contracted according to such rites and customs were not invalid by reason of the Ordinance having been disregarded. From the decisions pronounce