MILINDA DE SILVA

VS

ASHANI PERERA AND ANOTHER

COURT OF APPEAL
MALALGODA, PC. J (P/CA))
THURAIRAJA, PC. J.
CA13/2016 (CONTEMPT OF COURT)
DC MORATUWA 2275/2016/D
FEBRUARY 28, 2017
MARCH 07, 2017

Contempt of Court - Article 105(3) - United Nations Convention on the Rights of the Child - Article 3 - Best interest of child - Primary Consideration?

In the Divorce case filed, the Petitioner (Father) was permitted to have access to his Son from Friday afternoon till Noon Sunday. The Respondent (mother) flouted the Order by not allowing the child to go with the Petitioner-Father. The Petitioner alleging that, the 2nd Respondent, the father of the 1st Respondent (wife) had aided and abetted the 1st Respondent to violate the Order - moved Court under Article 105(3) of the Constitution for contempt of Court - against both

Held :

Per S. Thurairaja, PC. J.

"I am mindful of the provisions of the United Nations Convention on the Rights of the Child, Sri Lanka is a signatory to the said Convention - and ratified by Parliament. Article 3 of the Convention states,

1. In all Actions concerning children, whether undertaken by public or private social welfare institutio