KARUNANAYAKE v. KARUNANAYAKE
1937 Present
: Maartensz and Hearne JJ.
KARUNANAYAKE v. KARUNANAYAKE.
36-D.C.Galle, 34107.
Divorce-Amount of alimony-Determination of alimony-Dissolution of
marriage-Wife's right to recover dowry-Roman-Dutch law-Matrimonial Rights and
Inheritance Ordinance, s. 19.
Permanent alimony granted to a wife on the dissolution of a marriage is, as a
rule, larger than alimony pending the action which is fixed by section 614 of
the Civil Procedure Code at a sum not less than one-fifth of the husband's
average nett income for the three years preceding the date of the order.
An order for the payment of permanent alimony should be made after the decree
nisi dissolving the marriage is made absolute.
The amount of alimony may by consent of the parties be determined before the
decree absolute.
On the dissolution of a marriage between parties who are governed by the
Matrimonial Rights and Inheritance Ordinance of 1876, the wife is not entitled
to recover movable property given to her as dowry, which becomes the absolute
property of the husband, under section 19 of the Ordinance, unless the husband
has contracted himself out of the provisions o
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