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Short title.
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1. This Act may be cited as the Judicature (Amendment) Act.
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Replacement of section 4 of Chapter 17.
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2. Section 4 of the Judicature Act (hereinafter referred to as ” the principal enactment”) is hereby repealed and the following section substituted therefor:
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‘ Composition of the High court.
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4. The High Court of the Republic of Sri Lanka shall be a Court of record and shall consist of
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(a) not less than ten and not more than twenty Judges, each of whom shall be known as a ” Judge of the High Court “;
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(b) such Commissioners of the High Court as are appointed under Article of the Constitution.’.
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Amendment of section 5 of the principal enactment.
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3. Section 5 of the principal enactment is hereby amended as follows :
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(a) by the repeal of subsection (1) thereof and the substitution therefor, of the following subsection:
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‘(1) There shall be in each judicial district of Sri Lanka a ” District Court” which shall be deemed to be the ” Family Court” when exercising the jurisdiction vested in a Family Court under this Act or any other written law, and in every judicial division there shall be a ” Magistrate’s Court” and a ” Primary Court ” and each such Court shall be holden by and before a person to be called the ” District Judge and Judge of the Family Court”,” Magistrate ” and ” Judge of the Primary Court” respectively.’; and
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(b) by the repeal of subsection (2) of that section.
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Amendment of section 6 of the principal enactment.
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4. Section 6 of the principal enactment is hereby amended
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(a) by the substitution for subsection (1) thereof, of the following subsection:
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“(1) Every District Judge and Judge of the Family Court, Magistrate, and Judge of the Primary Court and all such Additional Judges and Magistrates of such courts shall be appointed to their offices by the Judicial Service Commission, “; and
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(b) by the repeal of subsection (3) of that section and the substitution therefor, of the following subsection:
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” (3) The age of retirement of a Judge of the High Court (other than a Commissioner of the High Court appointed under Article 11IA [Cap. I] of the Constitution) shall be sixty-one years. “,
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Replacement of section 8 of the principal enactment.
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5. Section 8 of the principal enactment is hereby repealed and the following section substituted therefor;
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” Appointment of additional Judges, Ac
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8.
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(1) The Judicial Service Commission may appoint as many additional District Judges and Judges of the Family Courts, Magistrates or Judges of the Primary Court to the same District Court, Family Court, Magistrate’s Court, and Primary Court respectively as the occasion may require.
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(2) Every Additional District Judge and Judge of Family Court, Magistrate, or Judge of the Primary Court, appointed to any such Court, shall sit separately and exercise all the powers, or jurisdiction vested in the District Court, Family Court, Magistrate’s Court and Primary Court, respectively of that district or division, as the case may be, for which such Additional District Judge and Judge of the Family Court, Magistrate or Judge of the Primary Court, is so appointed.”.
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Amendment of section 9 of the principal enactment.
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6. Section 9 of the principal enactment is hereby amended in subsection (2) thereof, as follows :-
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(a) in paragraph (b) of that subsection, by the substitution, for the words ” nominated by the President of the Court of Appeal “, of the words ” nominated by the Chief Justice “; and
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(b) in the proviso to paragraph (h) of that subsection, by the substitution, for the words ” the President of the Court of Appeal may”, of the words ” the Chief Justice may “.
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Amendment of section 17 of the principal enactment.
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7. Section 17 of the principal enactment is hereby amended
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(a) by the substitution, for the words ” and the President of the Court of Appeal may “, of the words ” and the Chief Justice may “; and
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(b) by the substitution, for the words ” as specified in such writing. “, of the words ” as specified in such writing. Every Commissioner of the High Court appointed under Article 111A of the Constitution shall exercise such jurisdiction of the High Court within the judicial zone specified in his warrant of appointment. “.
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Amendment of section 24 of the principal enactment.
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8. Section 24 of the principal enactment is hereby amended in subsection (1) thereof, by the substitution for the words ” damages for adultery, claims for maintenance and alimony”, of the words ” damages for adultery, claims for alimony, “.
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Amendment of section 26 of the principal enactment.
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9. Section 26 of the principal enactment is hereby amended as follows :
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(i) by the repeal of subsection (1) thereof and the substitution therefor of the following subsection:
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‘(1) There shall be for every judicial district an officer who shall be called the ” Family Counselor”.’;
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(ii) by the repeal of subsection (5) thereof;
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(iii) by the renumbering of subsections (2), (3) and (4) thereof as subsections (3), (4) and (5) of that section; and
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(iv) by the insertion immediately after subsection (1) thereof, of the following subsection:
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“(2) Where a dispute in any action in respect of any matter within the jurisdiction of a Family Court, or any application for maintenance, comes up for inquiry or trial before a District Judge and Judge of the Family Court or Magistrate, as the case may be, such District Judge and Judge of the Family Court or Magistrate shall, unless any party to the action expresses in writing a desire to the contrary, refer such dispute to a Family Counselor, who
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(a) shall make every effort to induce the parties to settle such dispute; and
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(b) shall submit his report thereon to the District Judge and Judge of the Family Court or Magistrate, as the case may be, within such time as may be specified by such District Judge and Judge of the Family Court or Magistrate “.
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Amendment of section 29 of the principal enactment.
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10. Section 29 of the principal enactment is hereby amended by the repeal of subsection (2) thereof and the substitution therefor, of the following subsection;
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“(2) The provisions of the Adoption of Children Ordinance governing the institution and conduct of proceedings under such Ordinance shall be deemed to apply to such proceedings that may be instituted in the Family Court.”.
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Amendment of section 45 of the principal enactment.
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11. Section 45 of the principal enactment is hereby amended in subsection (4) thereof, by the substitution, for the words “before a Judge of the High Court, District Judge, Judge of the Family Court or Magistrate,”, of the words “before a Judge of the High Court, District Judge and Judge of the Family Court or Magistrate, “.
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Amendment of the Third Schedule to the principal enactment.
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12. The Third Schedule to the principal enactment is hereby amended by the omission of the item ” Maintenance Ordinance ” from that Schedule.
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Amendment of the the Fourth Schedule to the principal enactment.
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13. The Fourth Schedule to principal enactment is hereby amended by Schedule to the the omission of paragraph (28) from that Schedule.
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Amendment of the Fifth Schedule to the principal enactment.
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14. The Fifth Schedule to the principal enactment is hereby amended as follows:
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(a) by the addition, immediately after the last item appearing under the heading “JUSTICES OF THE PEACE FOR SRI LANKA”, of the following new items:
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‘Every District Judge and Judge of the Family Court
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The Judge of each Primary Court
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The Secretary to the Judicial Service Commission
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Assistant Secretaries to the Judicial Service Commission
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The Administrative Officer of the Judicial Service Commission”;
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(b) by the substitution, for the items
| The District Judges The Judge of each Family Court The Magistrates The Judge of each Primary Court The President of each Labour Tribunal |
for the respective areas within which they exercise their jurisdiction “ |
appearing under the heading “JUSTICES OF THE PEACE FOR PORTIONS OF SRI LANKA”, of the following item:
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‘”Presidents of Labour Tribunals for the respective areas within which they exercise their jurisdiction.”; and
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(c) by the addition, at the end of that Schedule, of the following new item:
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“The Chairman of the Gramodaya Mandalayas, for their respective Grama Seva Niladhari divisions.”.
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15. All proceedings pending in the Family Courts in respect of any application for maintenance on the day preceding the 18th day of November, 1981, shall stand removed to the appropriate Magistrate’s Court and such Court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid Family Courts delivered or made before the date on which the provisions of this Act are brought into operation shall have the same force and effect as if they had been delivered or made by the appropriate Magistrate’s Court.
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