Seneviratna V. Halangoda Et Al.,

1921. Present : De Sampayo J. and Schneider A.J.

SENEVIRATNA v. HALANGODA et al.

390-D. C. Kandy, 27,718.

Diga married daughter acquiring status of binna married daughter- Rights of inheritance by husband-" Best evidence " of marriage- Ordinance No. 19 of 1907, s. 39-Ordinance No. 3 of 1870, s. 39.

The only consequence of a diga married daughter preserving or subsequently acquiring binna rights is that the forfeiture of the rights of paternal inheritance does not take place, but she inherits as though she was married in binna. It does not alter the character of the marriage itself. The diga marriage remains a diga marriage so far as other results of such a marriage are concerned. The husband does not cease to be a diga married husband and begin to be a binna married husband.

A diga married husband is entitled to inherit from his wife, even though she may have acquired subsequent to marriage, the status of a binna married daughter.

The expression "best evidence" of marriage in section 39 of the Kandyan Marriage Ordinance, No. 3 of 1870, and in section 39 of the General Marriage Registration Ordinance1, No. 19 of 1907, explai

Click Here to Read the rest of this document