[IN THE PRIVY COUNCIL]

1959 Present : Lord Reid, Lord Tucker, Lord Somervell of Harrow,
Lord .Denning and Mr. L. M. D. de Silva

C. V. UDALAGAMA, Appellant, and IRANGANIE BOANGE,
Respondent

Privy Council Appeal No. 14 of 1958

S. C. 444--D.C Kegalle, 7,813

    Breach of promise of marriage-Action for recovery of damage Promise in writing- Relevancy of oral promise to marry-.Marriage Registration Ordinance (Ca,. 95), s.19.

By section 19 of the Marriage Registration Ordinance-

". ...no action shall lie for the recovery of damages for breach of promise of marriage, unless such promise of marriage shall have been made in writing. "

Held, that documentary evidence which does not in express or other unequivocal terms contain promise to marry is insufficient to prove a promise in writing even though it may afford evidence of an oral promise to marry. The writing required to satisfy the Ordinance must contain an express promise to marry or confirm a previous oral promise to marry, i.e., admit the making of the promise and evince continuing willingness to be bound by it.

Jayasinghe. Perera (1903) 9 N. L. R. 62, overruled.

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