degrading or humiliating conduct of a serious nature, directed at” the victim can cover conduct relating
to any financial matters, even if it cannot amount to the criminal offences of intimidation and extortion,
specifically referred to as domestic violence under the Act.
Interim Protection Orders and Protection Orders can be given under the Domestic Violence Act as
relief so as to address the dimension of GBV. The nature and content of these orders, and the relief,and
Supplementary Orders available under this Act S. 12 indicate that GBV in relation to financial transactions
must be recognized by the court, and remedies and relief granted by making these orders. In all these
cases a wife can give evidence against her husband. (DV Act S. 16).
b. GBV Relating to Financial Matters and Marital Rights : The Interlinkages
Cohabiting parties are not covered by the law regarding marital rights and financial support in the
Maintenance Act (1999). We have noted that intimidation, extortion and denial of financial support can be
considered domestic violence under the Domestic Violence Act. Such conduct can also amount to violation
of matrimonial property rights and provides a basis for divorce or legal separation under separate laws
governing marriage. [See Annex]
We have noted that cruelty is a ground for judicial separation and divorce on the ground of constructive
malicious desertion, in the fault based General law of marriage. GBV that has negative financial implications
for women can therefore be a basis for this type of matrimonial relief. The General Law of marriage and
the Kandyan and Muslim law recognize that women have separate and independent property rights as
single or married women (See Annex). Intimidation and force that contributes to alienation and mortgage
of property, or causes indebtedness, and deprivation of financial resources can therefore provide a basis
for a fault based divorce or judicial separation in General law. A fault based divorce is not required in
Kandyan law, as it is also possible to obtain a divorce purely on the ground of de facto separation or mutual
consent. There are some special problems in regard to different types of marriage gifts in Muslim law,
which may impact on the capacity to obtain a divorce for cruelty in Muslim personal law. [See Annex].
Dowry in all systems of Sri Lankan law is considered the separate property of the woman. It cannot
be legally transferred to another, or to a spouse, or child and such a transaction has no force in law.
Ownership will not pass to the transferee. However S. 6 of the Jaffna Matrimonial Rights and Inheritance
Ordinance of Jaffna (1911), states that a woman governed by the Tesawalamai system of law, applicable
in the Northern Province, cannot transfer their property without the husband’s consent. This provision
derived from a colonial statute repealed in the General law, gives the husband marital rights of property,
and is used by lending institutions today to require this consent for loans and other transactions. This legal
provision can encourage perpetration of GBV against married women, but has yet to be repealed. GBV
perpetrated against an elderly woman can be a legal ground for revocation of a deed of gift [See Annex].
c. Other Criminal Offences Pertaining to Property and Finances
There are many gender neutral offences relating to property in the Penal Code Chapter VII that can
be used to prosecute a man who is a husband, cohabiting partner, family member or third party. These
include Criminal Intimidation and Extortion, (discussed earlier), theft, criminal misappropriation of
property, fraudulent deeds and dispositions of property.
Spouses can give evidence against each other in regard to civil matters. Consequently civil actions in regard to
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COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS