DE SILVA v. DE SILVA
1947 Present: Soertsz S. P. J.
and Canekeratne J.
DE SILVA, Appellant, and DE SILVA, Respondent.
S. C. 362-D. C. Colombo, 720 D.
Husband and
wife-Divorce-Custody of child-Religious education of child- Husband's right of
control.
A father is entitled to control the religious education of his child.
APPEAL from a judgment of the
District Judge, Colombo.
F. A. Hayley. K.C., with H. W. Jayewardene, for the defendant, appellant.-The
District Judge has found that the respondent was not influencing the child so as
to be antagonistic to the appellant and that the respondent was particularly
respecting the wishes of the appellant in the matter of the religious education
of the child. The judge further held that the respondent was the most suitable
persons to have the custody of the child and that appellant was using the child
as an instrument with which to harass the respondent. The Judge also in the
course of his judgment made some statements commenting adversely on the conduct
of the appellant.
Analysis of the evidence shows that neither the findings nor the strictures can
be justified in any way. Every single finding on the impo
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