KARUNAPALA

Vs.

LIYANAGE

SUPREME COURT
ALUWIHARE, J.
MALALGODA, J.
FERNANDO, J.
SC/APPEAL/126/2014
SC/SPL/LA/74/14
HC/AP/13/2011
MC KANDY M/5240
OCTOBER 12, 2018

Maintenance Act, No. 37 of 1990, sections 2, 8, 11-Unable to maintain himself or herself-Sufficient means-Burden of proof

The applicant wife filed a maintenance application against the respondent husband seeking maintenance for herself and the child. The application for her maintenance was withdrawn when the respondent agreed to pay maintenance to the child. Four months after the said withdrawal, the applicant filed another application for her maintenance. The Magistrate's Court dismissed her application in terms of section 2(1) of the Maintenance Act on the basis that she is capable of maintaining herself. On appeal, the High Court reversed the order of the Magistrate's Court and ordered maintenance in a sum of Rs. 20,000 per month as the applicant had to pay Rs. 10,000 monthly rental for the place she was living in with the child. The respondent appealed to the Supreme Court.

Held:

1. In terms of section 11 of the Maintenance Act, the Magistrate is required to issue summons on the person a