oa Comparative and International Law Journal of Southern Africa - Rights of spouses within the marriage relationship

Volume 19, Issue 2
  • ISSN : 0010-4051



This article examines the rights of spouses within the marriage relationship in the general law of Sri Lanka, with the intention of drawing some conclusions on how the law views the roles of husband and wife. Only two aspects of marriage will be considered - the decision-making process and the financial rights and duties of the spouses. In the article the author examines those decisions that affect the spouses themselves and then go on to consider the more significant ones that affect the children of the marriage. The financial aspects of the relationship are treated in a similar manner. Although there are other aspects of the marriage that would allow us an insight into the nature of this relationship they are not pursued in this study. Both South African and Sri Lankan authorities and case law are presented since both jurisdictions share a common legal heritage in the Roman-Dutch law. In addition, the recent developments in South Africa, in so far as they represent an extension or development of the Roman-Dutch law, would be highly persuasive in the Sri Lankan courts.

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