A separate offence introduced in the early Penal Code, prior to these later amendments, deal with Gender Based Violence through deceit in regard to the status of the marriage, thus punishing men who have sexual intercourse or cohabit with a woman, pretending that there is a legal marriage. (S. 362 (A), S. 362 (C), S. 362 (D)). The original Penal Code considers this behavior a grave criminal offence. The new definition of rape by amendments in 1995 on non-consensual sexual intercourse that amounts to rape (S. 363 (d)) creates an overlap with these offences, which continue as offences in the Penal Code. The absence of a procedure of recording identity when registering a marriage, contributes to the ease with which men can in fact contract polygamous marriages by going through the procedures for solemnising legal marriages. Other forms of gender based violence relevant to marriage and cohabitation in our country are abduction of a woman for sexual intercourse, cohabitation or marriage, honour killings or violence against a woman perceived as breaking a promise of marriage, or her marital duties, by having sexual relations in an adulterous relationship with another man, and customary practices such as demand for dowry and the performance of a virginity test. Adultery is not a Penal Code offence. However the Penal Code criminalises kidnapping or abducting a woman to compel her marriage or force or seduce her to sexual intercourse. (S. 357). Honour killings or acts of violence relating to dowry or breaking promises of marriage, or adultery, will have to be prosecuted according to the gender neutral defences of homicide and physical violence under the Penal Code. There are no specific offences to deal with the diverse forms of violence perpetrated by a spouse or partner as a clear manifestation of GBV. For instance there are no specific dowry prohibition laws in this country. Breach of promise of marriage gives rise to a civil action in damages under the general law of marriage, but the common incidence of violence perpetrated against a woman when she refuses to continue a relationship, has to be prosecuted under the Penal Code offences already described. Similarly the practice of performing a virginity test in some Sinhala communities comes within the ordinary criminal law offences discussed, but has not been specifically prohibited, despite its psychological and physical implications for women. Disputes on custody, guardianship and financial support of children can cause stress, manifest as GBV and sexual violence, and impact on reproductive health rights of women. The Sri Lankan law on guardianship is based on a combination of non-statutory Roman Dutch Law and English law. Muslims are governed by their personal law. (See Annex). The law on child support is in the Maintenance Act (1999) which does not apply to Muslims. In our general law the father is considered the preferred or natural guardian of children. This means he has a preferential right to custody and guardianship. However the ICCPR Act (2007) requires the Court to consider the best interests of the child in deciding custody and guardianship issues in litigation. (S. 5 (2)). This principle can be applied as it has been in case law and jurisprudence on custody, in the appeal courts to deny a male spousal rights of custody and guardianship, and give relief to a woman against an abusive spouse. Orders under the Domestic Violence Act (S. 11 (1)(b) 11 (1)(b)(iii) 12 (1)(b) ) can also be made in regard to children, so as to protect the woman’s rights. A male partner in a situation of cohabitation or a sexual relationship has no right to children under the non-statutory Roman Dutch Law. Therefore all rights of custody and guardianship are with the mother, and his legal Status is not recognized. (See Annex). The Maintenance Act (1999) creates joint and shared legal responsibility for spousal and child support, COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS 21