1953 Present: Nagalingam A.C.J.

S. KANDIAH, Appellant, and THANGAMANY, Respondent

S. C. 819-M. C. Vavuniya, 25,250
 

Marriage-Presumption of marriage by habit and repute-Not applicable where cohabitation follows a marriage ceremony which is invalid.

The presumption of marriage by habit and repute cannot prevail where there is evidence that the parties had gone through a marriage ceremony and that the solemnization was invalid for the reason that one of the parties was, at the time of the ceremony, already lawfully married. Cohabitation of the parties and general recognition of them as husband and wife subsequent to the dissolution of the prior marriage are inadequate in law for the application of the doctrine of presumption of marriage.

APPEAL from a judgment of the Magistrate's Court, Vavuniya.

A., who was married to B. instituted divorce proceedings against her. Pending the action for divorce A. purported to many C. according to Hindu rites and lived with her as husband and wife. There was

no fresh ceremony, either according to custom or under the Marriage Registration Ordinance, subsequent to the dissolution of the marriage