Topics: Marriage, Common law / Pages: 18 (4500 words) / Published: Nov 8th, 2012
D. C., Kandy, 6,563.
Marriage of persons living in adultery-illegitimate children-Donation -Gift to concubine-Ordinances Nos. 6 of 1847 and 21 of 1844.
A man after the death of his wife cannot lawfully marry a woman with whom he had been living in adultery during the lifetime of his wife; and children procreated in adultery do not become legitimate by the subsequent marriage of their father and mother. A gift to a concubine as such and in contemplation of the continuance of the concubinage may be set aside. Bastards not begotten in adultery or incest are not prohibited from taking under their parents' will or deed; and since the passing of Ordinance No. 21 of 1844 a father may leave all his property to such illegitimate children either by will or act inter vivos to the exclusion of his legitimate ones.
Held by Bonser, C.J., and Withers, J., dissenliente Lawrie, J., that Ordinance No. 6 of 1847 does not contain the whole law of marriage in force in Ceylon, and that the Roman-Dutch Law is still in force in certain respects.An action to set aside a deed of gift on the complaint of its being inofficiosa is barred after the lapse of three years under section 11 of Ordinance No. 22 of 1871.
THE facts of the case are stated in the judgment of his Lordship the Chief Justice.
Dornhorst, for appellants.
Wendt, for respondents.
Cur. adv. vult.
26th January, 1897. BONSER, C.J.-
The facts are shortly these. One Sinho Appu, who was married in community of property to one Babahamy, contracted an illicit connection with the first defendant, and by her had during the lifetime of his wife two children, the second and third defendants. After his wife's death, which happened on the 20th January, 1883, he wont through the form of marriage with the first defendant and subsequently to this had two more children by her, the fourth and fifth defendants. He died on the 24th November, 1887, intestate, and the first defendant gave birth to the sixth

You May Also Find These Documents Helpful