Jane Ranasingha Et Al., V. Pieris

Present: The Hon. Mr. J. P. Middleton, Acting Chief Justice,
and Mr. Justice Pereira.

JANE RANASINGHA et al. v. PIERIS.

D. C, Kandy, 19,627.

    Action for past maintenance by wife and child against husband and father- Not maintainable.

An action far recovering past maintenance cannot be maintained by a wife against her husband, nor by a child against its father, where they have been maintaining themselves from their own earnings or property.

THE plaintiffs, appellants (mother and child), sued the defendant, respondent (father of the child), for recovering from him the sum of Rs. 500 for past maintenance. They averred in the plaint that the defendant deserted them and refused to maintain them, and that they were obliged to maintain themselves from April, 1907, to November, 1908. Judgment was entered for the plaintiffs. The defendant appealed.

H. A. Jayewardene, for the appellant.-Plaintiffs cannot sue for arrears of maintenance. The Common Law right of action has been abolished by the Maintenance Ordinance, No. 19 of 1889 (see Menik-hamy v. Loku Appu,1 Anna Perera v. Emaliano Nonis 2). The full Court refused past mainten

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