SENEVIRATNE
VS
 PREMALATHA

SUPREME COURT
PRIYASATH DEP. PC J.
PRIYANTHA JAYAWARDENA, PC J.
ANIL GOONERATNE .J
SC AP 211/2012
SCHCCALA 541/2011
WP/HCCA/GAMP. 164/2006(F)
DC NEGAMBO 2566/SPL
JANUARY 21, 2013
FEBRUARY 28, 2013
MARCH 3, 2016

General Marriages Ordinance Section 18 - Civil Procedure Code, Section 607(1) - Should these provisions be read together - Is Section 18 ambiguous? - Intention of the legislature to be deduced from the language used? - Law related to marriage - If a subsequent marriage is void abinitio, whilst the 1st marriage is in force, does the 1st marriage remain intact?

In an action filed for a declaration that the marriage was ab initio null and void, the Trial Court held in favour of the Plaintiff. The High Court (Civil Appeal) set aside the said Judgment. The Plaintiff sought relief on the basis that Defendant had contracted two marriages one with Ishak, the other with Gnanasena which had not been legally dissolved or declared void by a Court. and as such the purported marriage was invalid and not legally dissolved The Defendant - Respondent contracted two marriages with one Ishak and other one with the one Gnan