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Foreign Judgment Recognition in Sri Lanka

Banusha Ravindran September 24, 2025 No Comments
The Reciprocal Recognition, Registration, and Enforcement of Foreign Judgments Act, No. 49 of 2024 (hereinafter referred to as “the REFJA”)1 was certified by the Speaker
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Overview of Aviation Law in Sri Lanka

Vishwa Kadurugamuwa September 24, 2025 No Comments
Sri Lanka’s aviation legal framework plays a vital role in ensuring the safety, efficiency, and regulatory integrity of the nation’s airspace. Grounded in both international
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Sri Lanka Property Registration – Title vs. Deed System

ShapeBuying property is one of the biggest investments most of us make, and in Sri Lanka, land can be registered under two different property registration systems, each with its own legal framework and procedures that define how land ownership is recorded and recognized.

The Title Registration system (Bim Saviya) and the Registration of Documents system in Sri Lanka operate under distinct legal structures. The Title Registration system was introduced with the aim of streamlining secure land ownership in Sri Lanka by issuing land title certificates, with defined classes of ownership, while ownership under the Registration of Documents system is generally valid and widely recognized, it may, in some cases, require a more detailed examination of prior property ownership documents.

In this post, we aim to briefly outline the key distinctions between these two Sri Lanka property registration systems, helping you understand the basics so you can make informed decisions and navigate the systems confidently in line with Sri Lanka real estate law.

AspectTitle Registration (Bim Saviya) Registration of Documents
Legislations applicable
  • Registration of Title Act No. 21 of 1998 (as amended)
  • Gazette Extraordinary No.1050/10 dated 21st October 1998
  • Gazette Extraordinary No.1886/58 dated 31st October 2014
  • Gazette Extraordinary No.2308/27 dated 01st December 2022
  • Prescription Ordinance No. 22 of 1871 (as amended) and Partition Law No. 21 of 1977 (as amended) do not apply to lands registered with First Class or Second Class of title. (Section 57 and Section 63 respectively)
  • Registration of Documents Ordinance No.23 of 1927 (as amended)
  • Instruments falling under the Secured Transactions Act, No.17 of 2024, are not required to be registered under this system. [Section 8 (b) (xii)- as effected by the Registration of Documents (Amendment) Act, No. 18
    of 2024]
Territorial ScopeImplemented in designated areas as published in official Government Gazettes, with efforts currently underway to extend its coverage to further regions. (Section 1)Predominantly used nationwide, except in areas where the Title Registration system has been implemented.
Registration Authority/iesRegistrar-General of Title – Overall authority for title registration Sri Lanka. (Section 3 (1) & (2))

Registrar of Title (at Land Registry level) – Registers title certificates and encumbrances and maintains records at district Title Registries. (Section 3 (3))

Commissioner of Title Settlement – Oversees title settlement and dispute resolution processes. Further, plays a key role in the preparatory work leading up to registration, such as investigating ownership and resolving disputes. (Sections 2 & 13)

Registrar-General of Lands - oversees the overall administration and functioning of the land register office in Colombo and its branch offices across the country. (Section 2 (2))

Registrars of Lands – operating at district or divisional level land registries, handle the day-to-day property registration. (Section 2 (2))
Record MaintenanceMaintains physical title registries in each Land Registries. (Section 3 (2))

Supported by a centralized, digitized registry maintained by the Registrar of Title, ensuring streamlined access to verified land ownership records. (Section 71)		Maintains physical registers (volume/folio) at Land Registries. (Sections 12 & 14)

A digitization initiative, the e-Land Registry System, has been initiated to enhance property record accessibility and efficiency, with implementation currently underway across various registries.
Main document types registered

Government-issued Certificate of Title.

Three types of Title Certificates are issued:

  • First Class Title: Absolute ownership. (Section 14 (a))
  • Second Class Title: Bona fide possession without full ownership. (Section 14 (b))
  • Co-ownership Title: Shared ownership is granted when absolute ownership cannot be established, or when dividing the land among multiple valid claimants would result in portions falling below the minimum size required for economic viability. In such cases, to avoid uneconomical subdivision as regulated under Section 70, the Commissioner registers all eligible claimants as co-owners based on their respective shares. (Issued only at the initial stage of conversion under the Registration of Title Act – Section 14(d))

    The Commissioner may also appoint a manager to represent the co-owners. (Sections 15, 16, 17 and 18)

    Except in accordance with the provisions of this Act, any instrument purporting to confer common ownership of a registered land parcel shall be void and ineligible for registration under this Act. (Section 48)
Notarially executed property Deeds.

The main documents include deeds of transfers, gifts, leases, agreements, caveats, lis pendens and instruments affecting land/s. (Section 6 reads with Section 8 (a) & (b))

The proviso to Section 8 (b) of the Ordinance specifies the categories of documents and instruments that are excluded from the requirement of registration under the Ordinance.
Role of the NotaryMust use prescribed statutory forms, as outlined in Government Gazette Extraordinary No.2308/27 dated 01st December 2022. (Section 43)

Notaries are required to attest prescribed statutory forms in compliance with Section 44 of the Act and must be signed by all the parties in accordance with the Prevention of Frauds Ordinance No.7 of 1840 as amended by Prevention of Frauds (Amendment) Act No. 4 of 2024) and any other applicable laws.		No prescribed statutory format is generally required for notarial instruments, except in specific instances such as those covered under Section 50 of the Ordinance, where the use of forms from the Second Schedule is required, with adaptations permitted as circumstances demand. Notarial documents are otherwise prepared by Notaries in accordance with general legal principles and are required to attest in compliance with the provisions of Notaries Ordinance No.1 of 1907 (as amended), while the execution by the parties must comply with the requirements of the Prevention of Frauds Ordinance No. 7 of 1840 (as amended by Act No.4 of 2024) and any other applicable laws.
Registration TimelinesAny instrument attested in terms of Section 44 of the Act together with the original of the Certificate of Title pertaining to the title must be submitted for registration within seven (07) working days of such attestation to the Registrar of Title. Failure to comply constitutes an offence and may attract a prescribed penalty under the Act. (Section 45)

Any deed attested must be submitted for registration;

  • within Thirty (30) days of execution, if executed within the Notary’s jurisdiction, or
  • within Sixty (60) days of execution, if executed outside Notary’s jurisdiction

    [Section 31 (Rule 30A) – Notaries (Amendment) Act No.31 of 2022]
Survey RequirementMandatory, with approved cadastral survey.

Cadastral maps are prepared by the Surveyor General’s Department through detailed surveys that define legal parcel boundaries, and these maps are rigorously checked and approved, and form the authoritative basis for registering and maintaining secure, accurate, and dispute-free land titles under the Registration of Title Act. (Sections 4, 10 & 11)		Not always mandatory or precise.

Land registration does not require an official government survey, and surveying may be carried out by private surveyors.
Registration & Conversion of Ownership RightsNew interests or changes in ownership are registered, when the new or existing owner applies to the Registrar of Titles to have their ownership or interest formally registered by updating the Certificate of Title accordingly.

A person with a Second Class Title or claiming through them may apply to convert it to a First Class Title of absolute ownership after ten (10) years of original registration, provided no action under Section 29 of the Act has occurred during that time. (Section 31)

[Section 29 – allows any person aggrieved by the registration of a Second Class Title to file a court action within ten years to amend the Title Register]

Any person who acquires ownership or an interest in a land parcel registered under this system through an order, certificate of sale, or court order issued under any law may apply to the Registrar of Title to have their ownership or interest formally registered. (Section 56)		New interests or changes in ownership are registered by executing and registering new deed/s, agreements & etc.

Unlike the Title Registration system, there is no provision for conversion of title by existing owners under this system.

Section 39 empowers the District Court to cancel or rectify the registration of any instrument if it is proven to be a forgery, improperly registered, or set aside by a competent court, ensuring the integrity of registered land documents.
Sub-division and AmalgamationUnder this system, sub-division or amalgamation of registered land parcels is not a mere procedural step but a statutory process requiring compliance with the provisions of the Act.

It mandates prior approval, certified cadastral plans, statutory declarations, and coordination with the Surveyor-General, Title Settlement authorities, and the Registrar of Title before legal effect is given through registration.

An application shall be made together with a declaration in the prescribed forms. (Section 36) (Form No.7 – Request for Amalgamations/Subdivision of a Land) (Format 39 – Declaration made under Section 36 (2))

Minimum parcel sizes can also be enforced in declared areas to ensure land remains economically viable and isn’t fragmented into plots too small for productive use. This helps promote sustainable and practical land management, especially in rural or agricultural zones. (Section 70)		Sub-division or amalgamation of land parcels is typically treated as a straightforward administrative procedure without a specific statutory framework.
Condominium RegistrationAn owner of a land parcel registered under this system, on which a multi-storey building has been constructed, may apply to register its horizontal subdivision (condominium parcels) under the Act, in accordance with the Apartment Ownership Law, No. 11 of 1973 (as amended). (Sections 50, 51 & 52) (Form No.21 – Instrument to register a Condominium Property)

This process is not automatic and requires submission of a certified condominium plan and compliance with prescribed procedures. Once approved, each unit receives a separate title backed by cadastral mapping and the legal certainty under this system, ensuring clarity and security in property dealings.		Under this system, a condominium is created and governed primarily under the Apartment Ownership Law, No. 11 of 1973 (as amended). Once a Condominium Deed of Declaration and Condominium Plan are registered under this law, individual ownership of units and common property is recognized.
Legal CertaintyThe system involves a thorough investigation process to verify ownership claims and possession conducted by the Commissioner of Title Settlement prior to issuing ownership declarations based on verified claims and possession. (Sections 12, 13 & 14)

It simplifies the ownership structure by replacing the need to trace historical deeds.

  • Registration with a First-Class Title vests absolute ownership subject to recorded encumbrances (Section 32).
  • Entries in the Title Register are conclusive evidence of the existence of property ownership or interest and generally cannot be challenged in court, except as provided for in this Act (Section 33).
  • Every document certified by the Registrar of Title and every Cadastral Map certified by or on behalf of the Surveyor-General shall be accepted as prima facie evidence of all matters stated therein. (Section 35)
Registering an instrument under this Ordinance does not remedy any inherent legal defects nor confer validity upon an instrument that is otherwise invalid at the time of its execution. It only gives the document priority over unregistered or later-registered instruments. Therefore, ownership depends on the validity and legal history of all prior deeds, as registration alone does not guarantee absolute title. (Section 7 (4))

Certified copies or endorsed duplicates by the Registrar serve as prima facie evidence of the registration and its contents in all proceedings. (Section 43)
Legal Risk ExposureThe likelihood of ownership disputes is substantially mitigated due to the government’s assurance of title accuracy.

In the event of an error or loss, compensation is provided in accordance with a court order, from the Title Insurance Fund established under the Act, administered by the Registrar General of Title under the supervision of the Central Bank of Sri Lanka. (Sections 58, 60 & 62)		Ownership is not guaranteed by the government, and the risk of land disputes is higher compared to the Title Registration system. There is potential for disputes, fraud, and unresolved claims to arise from errors or gaps in the chain of deeds. Ensuring security of ownership depends heavily on maintaining a clear title history and conducting thorough legal due diligence.

For those navigating the complexities of Sri Lanka real estate investment, understanding the nuances of the Title Registration and Registration of Documents systems is essential. Whether you are acquiring your first property or managing multiple holdings, professional legal guidance ensures your property investments are secure and compliant.

Frequently Asked Questions

Under the Land (Restrictions on Alienation) Act No. 38 of 2014 (as amended), foreigners and foreign companies are barred from acquiring freehold land, while Sri Lankan companies with up to 49% foreign ownership may do so, provided that shareholding structure is preserved for a minimum of 20 consecutive years.

Under the prevailing legal framework, while freehold ownership is restricted, foreigners and foreign companies may still structure lawful land interests through:

  • Leasehold rights – Leases of up to 99 years are permitted, subject to a 2% stamp duty and compliance with Government regulations on maximum lease tenures for state lands.
  • Condominium ownership – Full foreign ownership of condominium units is permitted, provided the purchase is funded via inward remittance through the banking system.


Despite the general prohibition on foreign freehold ownership, the Act recognizes limited exemptions:

  • Strategic Development Projects (SDPs): Cabinet-approved projects of national interest.
  • Relocation of foreign headquarters: Permitted with Cabinet approval.
  • Listed companies: Since 2018, listed companies may acquire land even where foreign ownership is 50% or above.
  1. Registrar-General Administrative Fees (Registration of Documents Ordinance)
    • Deeds and instruments: Registration starts from Rs. 120, depending on the document type. (expedited services may incur additional charges) 
    • Caveats : Approximately Rs. 2,500 for a two-year caveat on one land parcel. 
    • Searches, extracts, certified copies: Charged per page/folio (e.g., Rs. 500 for a certified copy, Rs. 100 for an extract [expedited services may incur additional charges]). 

  2. Title Registration Fees (Title Registration Act) 
    • Issuance of a title certificate: Typically Rs. 2,500. 
    • Copies of extracts / application fees: Around Rs. 600 each; expedited services may incur additional charges. 
    • Additional investigation fees: Comprehensive surveying and review of historical ownership may attract extra costs depending on complexity.

  3. Stamp Duty 

    Stamp duty is payable under the Stamp Duty (Special Provisions) Act, No. 43 of 1982 (as amended);  

    • Transfers: 3% on the first Rs. 100,000/- and 4% on the balance. (calculated on the higher of purchase price or market value as determined by the Provincial Revenue Department) 
    • Leases: Effective April 2025, Rs. 20 per Rs. 1,000/- of the lease premium (previously Rs. 10) 
    • Mortgages: 0.1% of the mortgage sum (Rs. 1 per Rs. 1,000/-). 

In Sri Lanka, land ownership is transferred through the execution of a deed or an instrument before a licensed Notary Public, following title investigation and where required, statutory approvals. The deed or instrument is subject to stamp duty, registration fees and any other levies required by law and must be lodged with the relevant Land Registry along with supporting documents such as proof of identity, evidence of payment of stamp duty, company documents, power of attorney etc. Registration under the  Registration of Documents Ordinance or the Registration of Title Act constitutes the formal record of the transaction, legally vesting ownership in the new purchaser.

Contact D. L. & F. De Saram today for tailored advice on your Sri Lanka real estate investments and make informed decisions with confidence.

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Sri Lanka Finance Companies – New CBSL Interest Rate Rules

The recent directions from the Central Bank of Sri Lanka (CBSL) on maximum interest rates for Finance Companies (FCs), officially titled “Finance Company Directions – DLF No 01 of 2025,” establish a new legal framework for how FCs can manage interest rates on deposits and debt instruments. These “Finance Company Directions – DLF No 01 of 2025” supersede previous directives. A ‘Finance Company’ is defined in the Finance Business Act No. 42 of 2011 as ‘a company licensed under the Act to carry on finance business ‘.

We set out below a breakdown of the key legal and regulatory aspects:

Legal Authority and Issuing Body –

The directions are issued by CBSL under and in terms of Section 12(1) of the Finance Business Act, No.42 of 2011, read in conjunction with Section 133(1) of the Central Bank of Sri Lanka Act, No.16 of 2023.

Scope –

The directions are applicable to all Finance Companies (FCs) licensed under the Finance Business Act in Sri Lanka. They cover:

  1. Existing and new savings deposits.
  2. New time deposits and debt instruments.
  3. The renewal of time deposits and debt instruments.


Effective Date –

The provisions will come into effect from July 1, 2025.

Objectives of the Directions –

To provide a clear methodology in determining maximum interest rates on deposits and debt instruments offered or paid by FCs, in support of encouraging sustainable business practice.

Reference Rates for Interest Determination –

FCs in Sri Lanka are required to determine maximum interest rates for deposits and debt instruments paid in Sri Lankan Rupee (LKR) based on specific Sri Lankan economic indicators:

  1. The Weighted Average Yield Rate (WAYR) of the Treasury Bills (T-bills).
  2. The Overnight Policy Rate (OPR). The maximum interest rates for time deposits and other innovative products with tenures of one month and up to three years will be reviewed quarterly, based on the simple average WAYR of the latest four primary auctions for T-bills in the immediately preceding quarter. For savings deposits and other deposits of tenure less than one month, the reference rate for the quarter is the OPR as at the end of the immediately preceding quarter.


Specific Rate Ceilings –

  1. Maximum Annual Nominal Interest Rates for Deposits as per table below (Table 1):
    These rates are set relative to the 91-day, 182-day, or 364-day T-bills WAYR, depending on the tenure of the deposit.
  2. Maximum Annual Effective Interest Rates (AER):
    For LKR time deposits and other innovative products with periodic interest payments, the AER cannot exceed the rates derived in accordance with the Table below. For LKR savings deposits and other deposits of tenure less than one month, the maximum AER shall not exceed the OPR.
  3. Senior Citizens’ Provisions:
    For children under 18 and for senior citizens who are over 60 years of age, the maximum interest rates can be a maximum of 50 basis points (0.5%) higher than the rates specified in the Table 1 below, for time deposits with a tenure of one year or more. This is a specific demographic consideration within the Sri Lankan regulatory framework.
  4. Maximum Annual Nominal Interest Rates for Debt Instruments Table 2 below:
    These rates are also tied to the 364-day T-bills WAYR, varying by the tenure of the debt instrument.


Regulatory Reporting Requirements –

FCs are mandated to submit periodic returns on the interest rates paid through the Financial Information Network Reporting System. This is done in accordance with the existing Finance Business Act (Periodic Reporting Requirements) Direction, No.01 of 2024, or as amended, and forms part of ongoing compliance obligations of FCs.

Revocation of Previous Directives –

These new directions revoke previous Sri Lankan regulations concerning maximum interest rates on deposits and debt instruments. Specifically, the “Finance Business Act (Maximum Interest Rates on Deposits and Debt Instruments) Direction No.01 of 2019” and a related letter dated April 18, 2022, are superseded from July 1, 2025.

Table 1: Maximum interest rates for deposits

Tenure of the DepositMaximum Interest Rate Per Annum
1 month and less than 3 months91 days T-bills WAYR + 0.10%
3 months and less than 6 months182 days T-bills WAYR + 0.25%
6 months and less than 1 year364 days T-bills WAYR + 0.50%
1 year and less than 2 years364 days T-bills WAYR + 2.00%
2 years and less than 3 years364 days T-bills WAYR + 2.75%
3 years364 days T-bills WAYR + 3.00%



Table 2: Maximum interest rates for debt instruments

Tenure of the Debt InstrumentMaximum Interest Rate Per Annum
Less than 1 year364 days T-bills WAYR + 0.50%
1 year and less than 2 years364 days T-bills WAYR + 2.75%
2 years and less than 3 years364 days T-bills WAYR + 3.25%
3 years364 days T-bills WAYR + 3.50%
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Cheque Dishonour Law Sri Lanka – Bills of Exchange 2025

Sections 82A – 82F of the Bills of Exchange (Amendment) Act, No. 13 of 2025 introduces stronger penalties, clearer rules, and faster legal remedies for dishonoured cheques under the Bills of Exchange Ordinance No. 25 of 1927 (as amended). The new amendment sets out what constitutes an offence, who can take legal action, the penalties, and the specific conditions under which these provisions apply.

When does dishonouring a cheque become an offence?

In terms of Section 82A (1), a person commits an offence where a cheque issued by such person (“Drawer”) in discharge of any debt or liability is returned unpaid by the bank for any of the following reasons:

  • Insufficient funds in the account of the Drawer to honour the cheque (Section 82(3) provides that where a cheque is dishonoured with the remarks ‘refer to drawer’, ‘account closed’, or ‘payment countermanded by drawer’, whether by the drawee bank or stated in a return notification, it shall be presumed to be for insufficiency of funds in the drawer’s account).
  • The cheque amount exceeds the payment amount arranged with the bank for that relevant account.
  • The Drawer issuing the cheque from a closed account.
  • The Drawer countermanding payment of the cheque without any legitimate reason.

Such circumstances constitute an offence only if:

  • The cheque has been presented to the drawee bank within 6 months from its drawing date or within its period of validity, whichever is earlier;
  • The payee or holder makes a written demand for payment to the drawer within 90 days of receiving information from the collecting bank or drawee bank about the cheque being returned unpaid; and
  • The Drawer fails to make the payment to the payee or holder within 90 days of the date of such written demand.

Furthermore, in terms of Section 82E, unless proven otherwise, it is presumed that the payee or holder received the cheque as payment, whether in full or in part, for a debt or other liability of the drawer.

Penalties for dishonouring a cheque

Penalties for an offence upon conviction include the following:

  • A fine equivalent to the amount of the cheque; or
  • Imprisonment of either description for a term not exceeding 2 years; or
  • Both fine and imprisonment.


Who should institute legal action and when?

In terms of Section 82B, the payee or holder of a cheque which has been returned unpaid due to insufficiency of funds in the account of the Drawer may institute legal action. Such action must be instituted within 30 days of the expiration of the 90-day period following the written demand being made.

In which court should action be instituted?

In terms of Section 82C, jurisdiction to hear and determine an offence is vested in the Magistrate’s Court within whose jurisdiction the relevant bank branch is located:

  • If the cheque was deposited: the Magistrate’s court within the local jurisdiction of the branch where the payee’s or holder’s account is maintained for cheque collection; or
  • If the cheque was presented for payment: the Magistrate’s court within the local jurisdiction of the branch of the drawee bank where the drawer’s account is maintained for cheque payment.


Evidence of dishonour

In terms of Section 82D, the following would be conclusive evidence of a dishonored cheque:

  • The cheque return notification issued by the collecting bank;
  • The deposit slip acknowledged by the collecting bank; or
  • The cheque returned by the drawee bank.


Who would be liable if a company, firm, or unincorporated body commits an offence?

Upon conviction, the following persons of the relevant entity will be deemed to have committed such offence;

  • Company: every director, manager or secretary at the time the offence was committed
  • Firm: Every partner of the firm at the time the offence was committed
  • Unincorporated body: Every individual member at the time the offence was committed

However, a director, manager, secretary, partner, or individual member will not be deemed guilty if such person can satisfy the court that the offence was committed without their knowledge or that all due diligence was exercised to prevent its commission.

Key Takeaways

Sections 82A – 82F under the new amendment to the Bills of Exchange Ordinance:

  • Strengthen the accountability of cheque drawers.
  • Provide clearer legal protection and simplified procedures to payees and holders of cheques.
  • Introduce statutory presumptions reducing the burden of proof, making disputes easier to resolve.
  • Impose fines and possible imprisonment serving as a strong deterrent against intentional dishonour.
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Foreign Judgment Recognition in Sri Lanka

The Reciprocal Recognition, Registration, and Enforcement of Foreign Judgments Act, No. 49 of 2024 (hereinafter referred to as “the REFJA”)1 was certified by the Speaker on 13th September 2024 and was brought into force by Part II of the Gazette dated 20th September 2024. Subsequently, by virtue of Gazette Extraordinary No. 2429/512, the REFJA officially came into operation on 26th March 2025. With the enactment of the REFJA, the earlier legislative instruments governing the recognition and enforcement of foreign judgments in Sri Lanka namely, the Enforcement of Foreign Judgments Ordinance3 and the Reciprocal Enforcement of Judgments Ordinance4 have been repealed5.

The REFJA is structured into three distinct parts. The first part deals with the application of this Act, the second part deals with recognition of a foreign judgment and the recognition of foreign judgments relating to the dissolution, annulment, or legal separation of parties to a marriage in Sri Lanka. The third part deals with general provisions such as jurisdictions of courts. Applications to recognize and register foreign judgments for divorce, annulment, or separation can be made to the District Court of Colombo or the District Court where either party resides. This is different from other foreign judgments (such as monetary judgments), which are generally made to the District Court of Colombo or a court designated by the relevant Minister by Order published in the Gazette.6

Salient features of the REFJA:

  • Section 2(1) of the Act empowers the Minister of Justice, by order published in the Gazette, to declare the list of countries whose judgments shall be reciprocally recognized, registered, and enforced under the provisions of this Act. By the above-mentioned Gazette Extraordinary No. 2429/51, the Minister of Justice and National Integration, recently issued an order listing 53 countries to which reciprocity under the Act shall apply, as outlined in the schedule.

  • The recent list reflects an expansion from that of the previous regime and includes a diverse range of jurisdictions. The new inclusion on the list includes, inter alia, countries such as Antigua and Barbuda, Canada, South Africa, India, and Pakistan, thereby broadening the scope of foreign judgments that may be recognized and enforced under Sri Lankan law.

  • Section 3(1) of the REFJA provides that the provisions of the Act shall apply only to judgments that are final and conclusive as between the parties, delivered by a court of a foreign country as specified in Section 2.
  • Section 4(a) grants a 10-year validity period for enforcement applications. However, if the applicant provides satisfactory reasons for the delay then an enforcement application beyond 10 years from the date of final judgment can be entertained.

  • The Act introduces an efficient summary procedure in accordance with provisions of Chapter XXIV of Part II of the Civil Procedure Code.

  • Section 6 contains specialized provisions for the enforcement of foreign divorce judgments for the dissolution or annulment or separation of the parties to a marriage in Sri Lanka. If the foreign judgment was given inter parte (between the parties), the court shall pronounce a declaration recognizing such judgments in Sri Lanka vice versa if the judgment was obtained ex parte (without the other party participating), the court shall issue a notice to the other party to the marriage.

  • Section 10 states that a true copy of the declaration certified by the Registrar must be sent to the Registrar General for the purposes of the Marriage Registration Ordinance (Chapter 112) as soon as the court issues a declaration in the case of a foreign judgment for the dissolution or annulment of a marriage or separation of the parties to a marriage after recognizing such judgment in Sri Lanka.

  • Section 11(1)(a) to (e) states that the Registering Court will invalidate the registration of the judgment for the following reasons: the judgment was registered in violation of Section 5(1); the judgment debtor was not given enough notice to defend the proceedings; the registered judgment was obtained through fraud; the applicant did not derive any right, interest, benefit, title, status, or entitlement under the original court’s judgment; or the original court reserved or set aside the judgment in appeal under the original court’s national law. In addition, Section 11(3) provides that section 389 of the Civil Procedure Code shall apply in respect to setting aside the registration of judgment under this act.

  • Section 12(1) states that, with the exception of judgments for the dissolution or annulment of marriages or the separation of parties to a marriage, no one may appeal against an order made under these provisions with regard to an application made for the recognition, registration, and enforcement of a foreign judgment.

  • Section 12(2) A party may appeal to the appropriate High Court, which is established by Article 154P of the Constitution, if they are not satisfied with any recognition granted or order issued by the registering court regarding a judgment for the dissolution or annulment of a marriage or the separation of the parties to a marriage.
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A brief outline of Divorce Law in Sri Lanka

Grounds for obtaining a ‘divorce’ in Sri Lanka are all fault based and limited to 3, which are ‘adultery’, ‘malicious Desertion’ (where the party at fault leaves the matrimonial home) or Constructive Malicious Desertion (where due to the conduct of the party at fault the other party is compelled to leave the matrimonial home) and incurable ‘impotency’ at the time of marriage. Legal proceedings for divorce also deal with, to include, claims of alimony, alimony pendent-lite, physical and legal custody of children of the marriage 18 years and under and maintenance for such children (if applicable).

The procedure involves filing of formal legal proceedings in the District Court having jurisdiction; the determining factor for jurisdiction being the domicile of the Plaintiff or Defendant. The filing of a Plaint commences legal Proceedings followed by the Answer of the Defendant. Trial will commence thereafter and upon the conclusion of which a Decree Nisi is entered. Legal proceedings are concluded after a mandatory period of 3 months from the date of Decree Nisi, by the Decree Nisi being made Absolute.

If the defendant opts not to contest the divorce and consents to granting a divorce in the plaintiff’s favour (i.e. in an uncontested Divorce action), trial can be concluded in a day and Decree Nisi entered accordingly. Hence, although in Sri Lanka consent of parties is not a ground for obtaining a divorce, in practice if both parties are agreeable for a divorce the parties can opt for an uncontested divorce. However, the mandatory waiting period of 3 months to make the Decree Nisi Absolute applies to both contested and uncontested divorce actions.

Generally, in an uncontested divorce action, it is not necessary for the Defendant to be present in court. The Plaintiff should be in court at least on the day of the uncontested trial. Where the divorce action is contested, ideally both parties should be present in court especially on trial dates.

The minimum duration of legal proceedings would be approximately 6 months from the date of filing the Plaint. A party has the right of appeal from a Judgment of Divorce to the Civil Appellate Court in the first instance and thereafter to the Supreme Court.

The institution of legal proceedings would require information and documents to include:

  • Full names of the parties and addresses in Sri Lanka (either party must be domiciled in Sri Lanka);
  • Date and place of marriage;
  • Full names of children (if any);
  • Addresses of the matrimonial home/homes;
  • A note to include the reasons for divorce and the timeline of events leading to the seeking of the divorce;
  • Claims to be made, such as alimony, custody etc.
  • Original marriage certificate or a certified copy of the same, issued by the issuing authority to file in Court;
  • Original /certified copies of Birth certificates of children (if any)
  • The Proxy of the lawyer signed by you appointing the lawyer to act on your behalf


Frequently Asked Questions:

  • Adultery,
  • Malicious Desertion (where the party at fault leaves the matrimonial home) or Constructive Malicious Desertion (where due to the conduct of the party at fault the other party is compelled to leave the matrimonial home) and,
  • Incurable impotency at the time of marriage
No, consent is not a valid ground for divorce. However, in practice, if both parties are agreeable for a divorce the parties can opt for an uncontested divorce.

In the case of an uncontested divorce, only the Plaintiff is generally required to be present in court on the day of the uncontested trial.

  1. Original or certified copy of marriage certificate
  2. Original or certified copy of birth certificate/s of children, if any

An uncontested divorce action can be concluded within a period of 6 – 7 months or less inclusive of the mandatory waiting period of 3 months.

Yes, a party has the right of appeal from a Judgment of Divorce to the Civil Appellate Court in the first instance and thereafter to the Supreme Court.

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Overview of Aviation Law in Sri Lanka

Sri Lanka’s aviation legal framework plays a vital role in ensuring the safety, efficiency, and regulatory integrity of the nation’s airspace. Grounded in both international conventions and domestic legislation, it supports the structured development and oversight of civil aviation operations.

The key legislative instruments governing civil aviation in Sri Lanka are:

  • Civil Aviation Authority of Sri Lanka Act, No. 34 of 2002
  • Civil Aviation Act, No. 14 of 2010 (as amended)
  • Carriage by Air Act No. 29 of 2018 (as amended)


A. Civil Aviation Authority of Sri Lanka Act (the “CAAS Act”)

The Civil Aviation Authority of Sri Lanka (the “Authority”) is established under the CAAS Act.

The principal function of the Authority is to regulate civil air operations within the territory of Sri Lanka and the oversight of all aircraft registered in Sri Lanka, regardless of where they operate.

The Authority is responsible for enforcing the statutory obligations placed on all stakeholders within the aviation industry. Acting as the national regulator, the Authority ensures that these legal requirements are properly implemented and adhered to by overseeing compliance, issuing air operator certificates, developing flight safety standards, and taking enforcement action when necessary.

Through its regulatory functions, the Authority provides effective governance, airline compliance and maintains the integrity of civil aviation operations in Sri Lanka.

B. Civil Aviation Act (the “CA” Act)

The CA Act incorporates the articles of the Convention on International Civil Aviation of 1944 (the Chicago Convention) and has application to all activities relating to civil aviation within the territory of Sri Lanka, including;

  • aircrafts registered in Sri Lanka and abroad;
  • all licensed aviation personnel whether operating within or outside Sri Lanka;
  • aeronautical services (which includes development, operation and maintenance of aerodromes) provided within Sri Lanka.
  • the regulation, administration and safety oversight of civil aviation in Sri Lanka.


Under the CA Act, an aircraft is not permitted to fly in or over the territory of Sri Lanka, unless it’s registered in Sri Lanka, registered in a country which is party to the Chicago Convention or registered in a country with which the Sri Lankan Government has an agreement allowing for mutual recognition of aircraft registration and operational rights.

In terms of eligibility for registration of an aircraft, an aircraft which is not currently registered in any other country may be registered in Sri Lanka if, inter alia;

  • the aircraft is owned by a citizen of Sri Lanka or a body incorporated in Sri Lanka with its principal place of business in Sri Lanka; or
  • the aircraft is leased, it is exclusively operated by an operator having its principal place of business in Sri Lanka and has a current and appropriate air operator certificate issued by the Authority.


C. Carriage by Air Act

The primary purpose of the Carriage by Air Act is to give effect to the Convention for the Unification of Certain Rules for International Carriage by Air of 1999 (referred to as the “Montreal Convention”)

The Montreal Convention is set out in the schedule to this Act and in terms thereof, will have the force of law in Sri Lanka.

The provision contained in this Act applies specifically to the rights and liabilities of carriers, passengers, consignees, and other people, in relation to any carriage by air to which the Montreal Convention applies, regardless of the nationality of the aircraft performing that carriage.

Pursuant to this Act, claims for compensation against an air carrier, whether arising from contractual obligations, alleged negligence, or any other legal basis, are permissible only to the extent expressly provided for by the Montreal Convention and within the liability limits established therein.

This restriction applies regardless of any conflicting provision in any other law, ensuring that the Montreal Convention remains the exclusive basis for such claims within Sri Lanka’s legal framework.

This legal framework, taken together, provides a comprehensive legal foundation for civil aviation in Sri Lanka. By aligning domestic laws with international obligations, it ensures regulatory consistency, enhance aviation safety and security, and facilitate efficient air transport operations

Frequently Asked Questions:

Civil aviation in Sri Lanka is regulated by the Civil Aviation Authority of Sri Lanka. The Authority is responsible for the oversight of all aircraft registered in Sri Lanka, the enforcement of statutory obligations on industry stakeholders, and ensuring overall compliance with both domestic and international obligations.

Aircraft may be registered in Sri Lanka provided they are not registered in any other country. The requirements include ownership by a citizen of Sri Lanka or a company incorporated in Sri Lanka with its principal place of business here. For leased aircraft, exclusive operation by a Sri Lankan-based operator with a valid Air Operator Certificate issued by the Authority is essential.

The Carriage by Air Act gives the force of law to the Montreal Convention. It standardizes rules on compensation and liability for air carriers, ensuring passenger protection regarding baggage loss, flight delays, and injuries. Claims for compensation against air carriers are subject to the limits and mechanisms expressly provided in the Montreal Convention, overriding conflicting provisions in any other local law.

An Aircraft of a foreign operator, registered in Sri Lanka, in member states of the Chicago Convention, or countries with specific bilateral agreements with Sri Lanka, may fly in or over Sri Lankan territory. The responsible operator must satisfy requirements under local laws and any agreements governing mutual recognition

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