Thesavalamai

Thesavalamai

Thesavalamai is the traditional law of the Jaffna Peninsula, a Tamil settlement in Sri Lanka, which was amended by the Dutch in 1707 during their colonial rule. Thesavalamai is a compilation of customs (collected by Disco Isaac) of the inhabitants of Malabar in the province of Jaffna and is fully emphasized by the rules of 1806. In order for a person to apply for Thesavalamai, it must be established that he is a Tamil resident of Uttar Pradesh. The Dutch established a comprehensive system of justice in Ceylon based on Roman-Dutch law and the customary law of this country to facilitate the management of their colonies. The law currently applies to most Tamils ​​in northern Sri Lanka. The law is personal in nature, so it applies mostly to property, inheritance, and marriage.

Thesavalamai embodies the traditional Tihaya law of the Tamil inhabitants of Sri Lanka on the Jaffna Peninsula and the customs and traditions developed under the Tamil rulers of the Kingdom of Jaffna and reflects the social history of the Tamils ​​in the region. A person can only give tedium; That is, in the period after the married life by the spouse and the priests who acquire from such national property joint property or property. Even the husband cannot separate the whole property from the tedium property; The wife owns half of it. Marriage can be performed without a priest, but it must be performed in order to be valid. There are also old women who have no children to give their property to the temple. The case of Simganalalingam V Suntheralingam Landmark has given a new dimension to the Teswalamai Act as it has redefined its application. The judgment extended the applicability of Thessalonica by settling the following issues. The Hindu rites of Homam may be annulled but are required for the validity of the marriage tied to the thali. On this occasion, the bride has to give a wedding sari or kurai. Ordinary words mean a question of truth, but the word law enforcement means a question of law: the expression “inhabitant of the province of Jaffna” means a question of law. Resident means Permanent Resident – In the nature of housing in Uttar Pradesh, a person who has a permanent home in Jaffna may be a Sri Lankan resident and to that extent, the term is different from the residence of the expression. The right of women to separate property – a part of the acquired property is protected and the husband is also prohibited from disposing of those properties. Yet the concept of the permanent home includes both the concept and the rules for identifying a person’s home, can be applied to discover whether a family has a permanent home in Uttar Pradesh and therefore its members are residents of that province.

The wife should seek her husband’s permission to sell or mortgage the immovable property of her dowry, although the husband should not seek the wife’s advice to sell or mortgage his own inherited or acquired property. This applies to their movable and immovable property wherever they are and wherever they are located in Sri Lanka. For the purpose of deciding the right of inheritance of the property of the deceased husband, the time of his death is the relevant time and not the time of marriage.

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