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Friday, 23 March 2012

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Mudusam, Chidenam, Thediatettam – decoding Thesawalamai

The law of Thesawalamai is one of the three customary laws (Kandyan Law and Muslim Law being the other two) which are in use in the legal system of our country today.

Justice Ministry Secretary Kamalini de Silva addressing the audience at the Women’s Day Celebration organized by the Legal Aid Commission on March 8 at Kadawatha.

It is the customs of the Tamil inhabitants of the NorthernProvince which was codified by the Dutch in 1707. However a large part of the Thesawalamai Code has fallen in to disuse even though these sections were never formally repealed. Today Thesawalamai is a collaboration of certain portions of the original Code of 1707, Jaffna Matrimonial Rights and inheritance Ordinance No1 0f 1911 (JMRIO) which amended the Code to a great extent, customs and Superior Court decisions.

Thesawalamai has the characteristics of both personal law and territorial law. Certain portions of the law apply to all lands situated in the Northern Province who ever may be the owner (Territorial) and the rest applies to all Tamils who are described as inhabitants of the Northern Province (Personal). It is left to the person who alleges that Thesawalamai applies to a particular person, to prove the applicability. According to the Jaffna Matrimonial Rights and Inheritance Ordinance, a woman’s capacity to be governed by Thesawalamai would vary according to whether her husband is governed by this law or not, during the subsistence of the marriage.

Division of property

Property in Thesawalamai is divided in to three main categories according to the Jaffna Matrimonial Rights and Inheritance Ordinance.

Mudusam / Urumai or hereditary property:

Mudusam or Urumai is property devolving to a person by decent, the former from his or her parent the latter from a relative other than a parent.

Under the Old Thesawalamai code property brought in to the marriage by a husband was also commonly referred to as Mudusam. However during the existence of the marriage if this property was sold to acquire new property, the new property will retain the characteristics and still be considered as Mudusam property.

Chidenam or dowry property:

Dowry can be given from both the mother’s and the father’s property. When both parents are alive the father has the right to grant dowry from either his or his wife’s property. Dowry can be either given before or during the existence of the marriage.

It can even be given when no marriage is in contemplation. However the deed to transfer the land should be notarially executed for it to be valid. The dowry property is considered the separate property of the wife. It is not liable for the debts of the husband, nor are the rents and profits arising out of it.

If the husband squanders the dowry and the dowry is diminished during marriage, the husband has to replace this value, from the property he has acquired during marriage, before the property is divided after his wife’s death. However if the property was considerably improved, the wife’s heirs cannot claim the expenses incurred for such improvements on her death.

Thediatettam or acquired property:

The JMRIO defines this kind of property as, property acquired for valuable consideration by either spouse, during the subsistence of a marriage, or the profits which arise from the spouses’ marriage properties.

However if property is acquired either by selling or using for that purpose, the wife’s or husband’s property brought in to the marriage, that property shall not be considered as Thediatettam and it will retain its original character as either dowry or Muthusam.

If a property is acquired for money or any other valuable consideration by a spouse during the marriage it remains that spouse’s property until death, at which point the other spouse would become an heir to one half of that property.

Swasthika Arulingam AAL, Director, Legal Aid Centre for Victims of Crimes

[Questions and Answers]

Social service to public

Question: Please let me know the services provided by the Department of Social Service to the public?

Kanchana,
Kadawatha

Answer: The Social Services Department has provided many services to the public. Each Divisional secretariat has a social service officer. If you want to get the following services you always can contact him via in your area. The services are states as follows.

* Conducting training programmes for the staff and referring them to outside training programmes

* Provision of vocational training for disabled youth, provision of implements of trade for self- employment, referring them for open employment and provision of assistive devices for the disabled persons

* Provision of shelter and care for the mentally retarded boys

* Issue of special identity cards for the deaf persons

* Conducting early intervention programmes through Child Guidance Centre. Conducting awareness programmes for the parents and conducting teacher training programmes

* Rehabilitation of drug addicts and detoxified addicts through residential training programmes and home based training programmes and provision pf vocational training and referring them to open and self-employment, conducting awareness programmes for school children, community workers and parents

* Recommendation of duty waiver for the donations received from abroad to the NGOs registered under the Ministry of Social Services and Social Welfare and also recommendation of approved charity status for the NGOs and recommendation of concessionary rates for water and electricity bills for NGOs.

* Provision of financial assistance and other assistance to voluntary organizations

Maintenance case

Question : I married a rich lady. We have two children. But my wife ignores me and neglects to maintain me and my children. I have no income. I have now decided to file a maintenance case. Can I do it? However I am unable to do so because the Marriage Certificate is under the custody of my wife, I want to know whether as a husband I could file a maintenance case without the Marriage Certificate. Your early reply would be greatly appreciated.

George,
Colombo

Answer: According to the Maintenance Act No 37 of the 1999, As a husband you can file a maintenance case on behalf of you and your children against your wife. If you are keen to file a maintenance case, you must first obtain a certified copy of the Marriage Certificate. Without the Marriage Certificate, you are unable to prove that you are married. If you know the date and place of marriage, you can apply for a certified copy of your Marriage Certificate from the Divisional Secretary’s Office where your marriage took place. If you want to ask maintenance of your children you have to submit the children's birth certificates.

If you need any help you can contact our legal aid centres in island wide.

Death certificate

Question: My mother died at my brother’s place at Negombo two years ago. Her Death Certificate is with my brother and he is presently in Italy. My father died in America a year ago. I now wish to get a copy of my Parent’s Death Certificates as I am her second daughter. Can I get a copy of the same? I also wish to get a translation of the Death Certificate.

Duleeka

Answer: If you know date of death and the name of the person, you can apply for a certified copy of the Death Certificate from the Divisional Secretary’s Office where the death occurred. The application form used to obtain Death Certificate is Form 63(a). Since your mother had died in Negombo, you have to visit the Divisional Secretary’s Office in Negombo and apply for a certified copy of your mother’s Death Certificate after obtaining and filling the Form 63(a).

For your father's Death certificates you have to apply for a certified copy of the Death Certificate from the Central record Room at Maligawaththa, Colombo 10

For the purpose of obtaining a translation of the same, you could get this done from the Registrar-General’s Office at Major Denzil Kobbekaduwa Mawatha, Battaramulla.

Changing name in birth certificate

Question: I was born in Bulathkohupitiya. In the Birth Certificate my name appears as “M. Kasturiarachchi”.

I am now an American citizen, domiciled in the United States. In all my documents, including the passport and citizenship certificate, my name is given as M.Kasture – (abbreviated for convenience).

I intend to apply for Sri Lankan Citizenship and eventually come back home. Having a different name in my Birth Certificate can create problems for me.

Can I change my name in the Birth Certificate to M. Kasturi? If no, please advise to the steps to be taken.

By mail

Answer: Under the Birth and Deaths Ordinance, you can change the name in your Birth Certificate at any time.

You have to visit the Divisional Secretary’s Office and get the application form. Thereafter fill the same and hand it over to the Divisional Secretary’s Office where you were born. In that procedure you have to submit an affidavit with three documents to prove that you are using the proposed name for the last one year. Otherwise you have to put a paper advertisement regarding the proposed name and use it for one year.

Thereafter you can change the name. In that case, your Birth Certificate can be amended according to the proposed name. In Cage 13 of your Birth Certificate, your new name will be seen.

Transfer of motor vehicles

Question: I bought a new vehicle which was registered under one of my friends name.

I want to transfer this vehicle under my name. Please let me know the procedure that I have to follow?

Gangoda,
Sent by email

Answer: When you buy a vehicle it is advisable to transfer it as soon as possible. For this you have to visit the Motor Traffic Department at Narahenpita with the completed relevant Documents. The procedure state as follows:

• Transfer Notice (MTA 6)

• Application (MTA8)

• Certificate of registration of vehicles (CR)

• Two photographs certified by the Grama Niladhari of the transferee (cm 3.5 x 2.5)

• Revenue license for the relevant year of transfer along with photocopies

• Transfer tax for a Motor Car is Rs. 3,000 (If the vehicle is transferred within seven years from the date of first registration this amount should be paid on first transfer)

• Originals of the receipts for the payment of diesel and luxurious vehicle taxes and their photo copies (Diesel tax receipts from 1995 up to the date of transfer in respect of diesel motor vehicles and dual purpose vehicles)

• If the vehicle number begins with an English letter, VIC should be produced. If the transferee and the transferor are from two different Provincial Councils old set of number plates should be produced and fees should also be paid. (In case of vehicles beginning with English letters Eg. GA, GB, HA)

• Receipts for the payment of luxurious and semi luxurious vehicle, taxes depending on the cylinder capacity of the vehicle

One day service for transfer of vehicles

• Under this Special Service, transferees can get the vehicles transferred on one day if they present themselves personally and establish their identity.

• The transferee of the relevant vehicle should present himself personally and establish his identity.

• Duplicate Certificates of registration will not be accepted under this system.

• Photocopies of receipts for the payment of diesel tax, luxurious vehicle tax and semi luxurious vehicle? tax should be produced.

In addition to above matters other conditions relating to registration should also be fulfilled for the transfer of a vehicle.

Job agreements

Question: I came to know that Sri Lanka Bureau of Foreign Employment (SLBFE) wants all those leaving for overseas jobs to sign a job agreement in order to get them registered with the Bureau prior to their departure. What kind of information does it contain? Please advice me.

Duminda,
Sent by Email

Answer: If you are a male worker, domestic worker for non Middle Eastern countries or a skilled female worker you should sign an agreement with the local recruitment agent. Domestic workers leaving to Middle Eastern countries must sign an agreement at the Embassy of that particular country.

The following signatures and endorsements should be available on the agreement.

If recruitment is done by an agent:

1. Signature of employer
2. Signature of foreign agent
3. Signature of the Embassy / Consulate official
4. Signature of local agent
5. Signature of housemaid

If you are going abroad through a visa sent by a friend or a relative:

1. Signature of the employer
2. Signature of Embassy / Consulate official
3. Signature of House maid

You can use the following guidelines in the agreement:

1. Wages
2. Salary deductions
3. Rest days
4. Annual and casual leave
5. Medical benefits
6. Duties
7. Welfare
8. Termination of contract
9. Dispute settlement
10. Transfer of employment
11. Repatriation
12. Airfare cost

Duplicate of vehicle certificate

Question: I have lost my certificate of registration and vehicle identification card. I want to know whether is there any possibility to get it back from the Motor Traffic Department.

Kasun

Answer: Yes, you can get the duplicate of certificate of registration (CR) and vehicle identification card (VIC /STICKER / NUMBER PLATE) from the Motor Traffic Department at Narahenpita.

Documents required to obtain a duplicate of certificate of registration (cr) and vehicle identification card (vic /sticker / number plate)

• Application (CMT65)

• In case of loss of original of certificate of registration, vehicle identification card, sticker, number plate, a Copy of the complaint made to the Police by the applicant

• If original of VIC/sticker/number plate is deformed/damaged/destroyed such originals should also be submitted.

• If absolute ownership or mortgage has been registered a report obtained from the relevant institution to the effect that there is no objection to issue a duplicate.

• Receipts for the payment of specific taxes for the diesel card, dual purpose vehicles, luxurious and semi luxurious vehicles.

Vocational Training Centres

Question: Please let me know the contact details of the vocational traning centres which are registered by the social service department in Sri Lanka .

Upul,
Mahara

Answer: Vocational Training Centres

* Seeduwa Vocational Training Centre

Liyanagemulla, Seeduwa.
Tel. No. - 011-225305

* Amunukumbura Vocational Training Centre

Amunukumbura, Wathurugama.
Tel. No. – 033-227931

* Rehabilitation Hospital Ragama

Vocational Training Section, Ragama.
Tel. No. – 011-2958212

* Ketawela-leula Vocational Training Centre

Ketawela-leula.
Tel. No. – 082-2225403

* Wattegama Vocational Training Centre

Wavinna, Wattegama.
Tel. No. – 084-2276209