KALANSOORIYA AND ANOTHER

Vs.

PRIYANTHA EPA AND OTHERS

SUPREME COURT
DE ABREW, J.
MALALGODA, J.
SURASENA, J.
SC/APPEAL/12/2018
SC/HCCA/232/17/LA
EP/HCCA/AMP/300/2016
DC AMPARA 374/SPL
MARCH 6, 2019

Custody of children-Welfare of the child-Best interests of the child - Natural rights of parents to the custody of children-Delivery of a child to a third party

The respondents are the natural parents of the child who was given to the appellants at 51/2 months. The appellants filed an adoption case in the District Court of Ampara when the child was around 1 year and 5 months old, which was withdrawn when the respondents objected to it. When the child was 2 years and 1 month old, the respondents filed the present case in the District Court of Ampara seeking custody of the child. The District Judge dismissed the case and gave legal and physical

custody of the child to the appellants. Upon appeal to the Civil Appeal High Court, the order of the District Judge was set aside. The appellants appealed to the Supreme Court.

Held:

1. Custody of very young children ought to be given to their mother. The court would not lightly deprive the mother of h