1963 Present : Basnayake, C. J., Abeyesundere, J., and G. P. A. Silva, J.

A. E. REID, Appellant, and THE ATTORNEY-GENERAL, Respondent

S. C. 15/1962-D. C. (Crim.) Colombo, 2090/N

Bigamy-Marriage (general)-Second marriage contracted by husband after conversion to Islam-Second wife also a convert to Islam-Validity of the second marriage -Marriage Registration Ordinance, a». 18, 64-Muslim Marriage and Divorce Act-Kandyan Marriage and Divorce Act, 8. 6-Penal Code, s. 362 B.

A man who has contracted a marriage under the Marriage Registration Ordinance does not commit bigamy if, while his marriage is subsisting, he embraces Islam, and marries under the Muslim Marriage and Divorce Act a woman who has also embraced Islam.

The appellant, when he was a Roman Catholic, married his first wife on 18th September, 1933, under the Marriage Registration Ordinance. While his wife was still living he married again under the Muslim Marriage and Divorce Act. He and his second wife became converts to Islam on 13th June, 1959 and registered their marriage under the Muslim Marriage and Divorce Act on 10th July, 1959.

Held, that, although the proximity of