WEERASINGHE
VS.
RENUKA

SUPREME COURT
ALUVIHARE PC J.
H.N.J. PERERA, J.
PRASANNA JAYAWARDANE, PC J.
S.C. APPEAL CASE NO. 02/2016
S.C. APPLlCATION NO SC/SPL/73/2015
PROVINCIAL HIGH COURT OF MONERAGALA CASE NO. 11/2014/APPEAL
MONERAGALA MAGISTRATE'S COURT CASE NO.47241/2011
SEPTEMBER 14, 2016

Maintenance Act, No 37 of 1999 - Sections 2(1), 4, 4(1) - Single or occasional lapse from virtue - Is it sufficient reason for rejecting maintenance ?- Burden of proof - Evidence Ordinance - sections 101, 102, 103 - Committing adultery and living in adultery? Presumption of Innocence?

The Applicant Appellant Respondent sought maintenance of Rs. 6000 a month from The Respondent - Respondent - Appellent (Husband) The Appellant resisted the application on the basis that the Applicant is living in adultery and therefore is not entitled to maintenance The Magistrate dismissed the application holding that the applicant was living in adultery. The High Court set aside the order and observed that it had not been established that the Applicant was living in adultery for the Appellant to be disqualified for maintenance under Section 2(1).

On appeal to the Supreme Cou