[IN THE PRIVY COUNCIL]

1964

Present : Viscount Dilhorne, Lord Hodson, Lord
Guest, Lord Upjohn, and Lord Wilberforce

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

PRIVY COUNCIL APPEAL NO. 18 or 1964

S. C. 15/1962-D. C. (Grim.) Colombo, 2O90 / N

Bigamy-Christian monogamous marriage--Subsequent conversion of husband to Muslim faith-His right to contract a polygamous marriage-Marriage Registration Ordinance, ss. 18, 19 (1), 35 (2), 64-Muslim Marriage and Divorce Act-Penal Code, s. 362 B.

In a country such as Ceylon, where there are many races and creeds and a number of Marriage Ordinances and Acts, the inhabitants domiciled here have an inherent right to change their religion and personal law and so to contract a valid polygamous marriage. If such inherent right is to be abrogated it must be done by statute.

The respondent contracted a marriage on 18th September 1933 under the Marriage Registration Ordinance, according to Christian rites. On 13th June 1959 he and a divorced woman were converted to the Muslim faith. A month later they were duly married under the provisions of the Muslim Marriage and Divorce Act,