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Two Private Member Bills being moved on divorce and Muslim marriage laws

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Opposition member of parliament (MP) Faiszer Mustapha PC has officially handed over two significant Private Member Bills to the Secretary General of Parliament, Kushani Rohanadeera. The two Private Member Bills are aimed at modernising aspects of Sri Lanka’s personal laws that impact the rights and dignity of citizens, especially women and children.

The Dissolution of Marriages on the Ground of Irretrievable Breakdown Bill seeks to amend the Marriage Registration Ordinance and the Civil Procedure Code by introducing “irretrievable breakdown” as a legal ground for divorce — defined as a situation where no reasonable prospect exists for reconciliation.

The Bill reportedly outlines a clear procedure for mutual consent divorce and provides safeguards on property division, maintenance, and custody of minor children.

Meanwhile, the Muslim Marriage and Divorce (Amendment) Bill targeting reforms to the 1951 Muslim Marriage and Divorce Act (MMDA), proposes key changes:

Setting 18 years as the standard minimum age for marriage.
Mandating the bride’s signature on marriage registers to ensure informed consent.
Removing gender barriers to allow qualified women to serve as Quazis.
Requiring newly appointed Quazis to be Attorneys-at-Law and allowing legal representation in Quazi Courts.
Transferring maintenance claims to Magistrate’s Courts for legal consistency.

According to Mustapha, these reforms aim to bring Sri Lankan personal laws in line with modern international standards while respecting the country’s legal and cultural context.

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