Obtaining a Divorce

This process is entirely a judicial procedure. It is advisable to consult a lawyer to obtain the necessary legal advice.

The application must be submitted to,

• If the applicant is a resident of a Kandyan area, to the District Registrar of the Divisional Secretariat to which the area of residence belongs .
• If the applicant is not a resident of a Kandyan area, but the respondent is a resident of a Kandyan area, to the District Registrar of the Divisional Secretariat to which that division belongs, or to the District Registrar of the Divisional Secretariat division where the marriage was registered.
• If both parties are residing outside the Kandyan areas, to the District Registrar of the Divisional Secretariat division to which the division where the marriage was registered belongs.

Obtain the application form for applying for a divorce from the District Registrar.

Documents to be submitted,

• Duly completed application form
• Kandyan marriage certificate
• Documents required to verify the petition/complaint, if any

The District Registrar will summon both parties for an inquiry

If the facts stated in the application are verified, the District Registrar will issue the divorce decree. Otherwise, the divorce will be refused.

• If the decision given by the District Registrar is not accepted, an appeal can be submitted to the District Registrar by the aggrieved party within 30 days.

The District Registrar will submit the relevant appeal to the District Court, and further action will be taken according to the court order.

To divorce a marriage solemnized under the Muslim Marriage and Divorce Act, the wife or the husband must submit a request to the Quazi appointed for their area of jurisdiction by the Ministry of Justice. (See the Muslim Marriage and Divorce Act No. 13 of 1951, Chapter 115)

If an appeal is not submitted regarding the divorce decree given by the District Registrar (within 30 days of granting the decree), the divorce certificate will be issued to the female party once the appeal period concludes.

If an appeal has been made against the decision of the District Registrar regarding the divorce, the divorce certificate will be issued by the relevant District Registrar in accordance with the court order.

A free copy will be issued to the relevant female party by the Quazi at the time of the divorce, and if further copies are required, certified copies can be obtained by submitting an application form to the Divisional Secretariat belonging to the Quazi's area of jurisdiction.