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MoD clearance for foreigners marrying SL nationals, contravenes Marriage Registration Ordinance says Court

24 Mar 2022

Further to the circular which was issued in December last year which details that clearance from the Ministry of Defence is required when foreigners seek to marry Sri Lankan nationals, the Court of Appeal has issued a notice stating that it is in contravention with Section 07 and 32 of the Marriage Registration Ordinance and is not inline with sections 23 and 24 of the said Ordinance. The bench of Judges who heard the writ application filed by Weragoda Arachchilage Thishya Deeghayu Weragoda included Justice Sobitha Rajakaruna and Justice Dammika Ganepola. Upul Kumarapperuma and Shalini Weerarathne represented the petitioner. The writ application was filed against the Registrar General of the Registrar General’s Department, Secretary to the Ministry of Defence and Secretary to the Ministry of Health. The circular which was issued via the Ministry of Defence stated that foreigners who intended to marry Sri Lankans would have to apply for a Defence Clearance Report as a precondition to register their marriage in terms of the Marriage Registration Ordinance of 1907. It also detailed that they would have to submit a health declaration form which includes declaring any medical conditions such as Chronic Kidney Disease, Cancer, Filaria, Hepatitis c and B, HIV, Malaria Tuberculosis or any other health concern that requires medical attention, along with a certificate issued within the last 6 months, by the Home Country of the foreigner indicating that the Foreigner has not been convicted of any crimes.


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