including for adopted children. (S. 2). Support for children can also be awarded under the Domestic Violence
Act (2005), in making a restraining order against an abusive spouse or partner. (S. 12 (1)(f)(g) and 12 (2) ).
In either event, child and spousal support are additional orders under the Domestic Violence Act, as part
of protection orders. Courts cannot divert cases to the Maintenance Act procedures which are parallel,
and the choice of opting for either procedure is with the parties concerned. (DV Act S. 12 (2) proviso).
Cohabiting parties are not considered persons with mutual support obligations under the Maintenance Act
(1999). However there is an obligation on both parents to support a non-marital child provided paternity
is proved by “cogent evidence” – a standard that only requires strong proof rather than the independent
corroboration required in earlier law. (Maintenance Act S. 2 (1) S. (2) proviso), S. 2 (3) 2 (4)).
Early and Forced Marriage
Early marriage below the minimum age of marriage (18 years) and forced marriage of minor girls is
a form of GBV, and also interfaces with the law on statutory rape or sex with minors, discussed earlier.
Sri Lanka was considered to have been largely successful in preventing early marriage of girls due to the
country's education policies. However a new phenomenon of underage marriage sometimes solemnised
as “customary marriages” has been documented as a family response to teenage sexuality, situations of
statutory rape of an underage girl, and or due to the impact of years of armed conflict and displacement.
The age of marriage for all communities except Muslims was raised to 18 years to conform to the age of
majority, after the Penal Code amendments on statutory rape in 1995. (See Annex).
The law on prohibition of underage marriage for all communities except Muslims has been in place
for many years and combined with access to a procedure of registration of marriage. There appears to be
public awareness of the legal prohibition, and people try to circumvent these procedures by falsification of
the date of birth of girls. Underage and forced marriages without consent are not permitted as customary
marriages. These factors make the marriage illegal and without legal consequences. However lack of clarity
on whether court actions are, or not, necessary to challenge the legality of an underage or forced marriage,
has undermined the effectiveness of legal provisions in the legislation on marriage, which suggest that these
marriages are “void ab initio,” or unlawful from the commencement of the relationship. (See Annex).
Muslim law does not recognize a minimum age of marriage but statutory changes introduced in
the 1950s require a Muslim priest (Quazi) to consent to the marriage of a girl under 12 years. (Muslim
Marriage and Divorce Act (1951) S. 21). The Penal Code as originally drafted also defined as rape sexual
intercourse with a girl under the age of 12 years, (the general minimum age of marriage at the time for all
other communities). This appeared to have been a colonial policy meant to undermine social practices
on child marriage. When the age of sexual consent was changed to 16 years in 1995, it was argued that
though Muslim law permitted child marriage, this provision of the early Penal Code which had also applied
to Muslims should be retained as a disincentive to child marriage in that community. Consequently the
prohibition on underage sex was drafted as “with or without the consent of a girl under 16 years of age,
unless the women is his wife who is over 12 years of age …” The absence of a specific reference to Muslim
law has created confusion on the scope of application of this provision, even though it is clear that it is
inapplicable in Non-Muslim communities where the minimum age of marriage is now 18 years, and it is
no longer possible to refer to “a wife who is over 12 years of age.” (General Marriage Ordinance S. 15 as
amended (1995), Kandyan Marriage and Divorce Act, S.4 and 66 as amended (1995)).
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COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS