1912 Present: Pereira J. and Ennis J.

DINGIRIHAMY v. MUDALIHAMY et al.

209-D. C. Kurunegala, 4,402.

Kandyan marriage - Entry in marriage register that marriage was " bina " is not conclusive evidence of " bina " marriage-Effect of registration - Marriage dating back to date of native ceremony - Daughter marrying in " diga " after father's death loses right to paternal inheritance.

Per PEREIRA J. and ENNIS J. with diffidence :-

(1) The fact that a marriage of Kandyans is described in register of marriages as a bina one is not evidence marriage ; evidence is admissible to contradict the and to prove that the marriage was diga.

Per PEREIRA J. with diffidence :-

(2) The registration of a marriage among Kandyans has the effect of making the marriage date back to the actual native ceremonies performed for the purpose of constituting the marriage. .

Per PEREIRA J. and ENNIS J.-A woman who after her father's death that is to say, after she has actually inherited her father's property, marries in diga, forfeits her rights already acquired.

THE facts are set out in the judgments.

Morgan de Saram, for plaintiff, appellant.

Allan Drieber