1943 Present : Keuneman and Jayetileke JJ.

FERNANDO, Appellant, and AMARASENA,
Respondent

685-M. C., Colombo, 17,227

Maintenance-Application for order under the Maintenance Ordinance-Decree of alimony in the District Court-No bar to order for maintenance-Maintenance Ordinance (Cap. 76) s. 2.

The jurisdiction of a Magistrate to grant an order for maintenance of a child under section 2 of the Maintenance Ordinance is not ousted by a decree for alimony passed by the District Court if favour of the applicant and the child in an action for divorce brought by the applicant against the respondent.

Peiris v. Peiris (45 N. L. R. 18) followed.

THIS case was referred to a Bench of two Judges under section 38 of the Courts Ordinance in view of two divergent decisions of the Supreme Court.

L. A. Rajapakse (with him H. Deheragoda), for the applicant, appellant.-The question for consideration is whether an order make by the District Court, in the exercise of its matrimonial jurisdiction, for the maintenance of the children of a marriage operates as a bar to an application for their maintenance under the Maintenance Ordinance (Cap. 76). The petitio