1961 Present: Basnayake, C.J., Gunasekara, J., and T. S. Fernando, J.

KATCHI MOHAMED,

Appellant, and A. F. C. BENEDICT (Inspector of Police),
Respondent

S. C. 1169-M. C. Colombo, 42574/B

Marriage-Muslim marriage-Second marriage by husband to a Roman Catholic- Bigamy-"Marriage Registration Ordinance (Cap. 112), ss. 18, 64-Penal Code, s. 362B.

A married man who belongs to the Muslim faith at the time of his marriage and who subsequently marries a second time, under the Marriage Registration Ordinance, a person not professing Islam, while his previous marriage is subsisting commits thereby the offence of bigamy within the meaning of section 362B of the Penal Code.

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

Nimal Senanayake, for Accused-Appellant as amicus curiae.

D. St. C. B. Jansze, Q. C., Attorney-General, with V. S. A. Pullenayegum, Crown. Counsel, and M. Hussein, Crown Counsel, for Complainant-Respondent.

Cur. adv. vult.

December 20, 1961. BASNAYAKE, C.J.-

The question that arises for decision on this appeal is whether a married person who belonged to the Muslim faith at the time of his marriage and who beca