Gaa’ilaa Fi Gaa’ilaan Ala Akka Dhirsaa Fi Niitiitti Waliin Jiraachuu Adda Baasuu Keessatti Yeroo Waraqaan Ragaa Gaa’ilaa Hin Jirre Rakkoolee Qabatamaan Mudatan

Abstract

This article assesses the methods of proof of marriage where there is no valid certificate of marriage by paying attention to the discrepancies and outcomes between the Federal and Oromia Family Laws. As to the Federal Family Law, when it is difficult to prove marriage by producing the certificate of marriage it is possible to prove it by possession of status. According to Oromia Family Law, however, at inexistence of certificate of marriage it is proved only where the conclusion (celebration) of the marriage is established by adducing sufficient and convincing evidence. The Federal Family Law put proof of regular marriage by possession of status and irregular union in a similar way. Intentionally by avoiding proof of marriage by possession of status, and including proof of marriage by celebration of marriage, therefore, the Oromia Family Law avoided such confusions. These dissimilarities brought about diversity of jurisdiction between the federal and regional judicial powers via power of cassation over cassation. Where Oromia courts decline to prove marriage by possession of marriage depending on the regional law, the Federal Supreme Court Cassation Bench reverses such decisions based on the federal family law in a way that contravene with Oromia Family Law. It is clear that such practices disregard the principle of self rule which is the heart of federalism and object of enacting state Family Laws.