Wimalawathie V. Punchi Banda

1955 Present: Basnayake, A.C.J., and Pulle, J.

WIMALAWATHIE, Appellant, and PUNCHI BANDA,
Respondent

S. C. 449-D. C. (Final) Kegalla, 8,517

Kandyan Law-Diga marriage-Death of wife intestate-Husband's rights in respect of wife's acquired property-Kandyan Law Declaration and Amendment Ordinance, No. 39 of 1938, ss. 15, 18.

The law as laid down in Tikiri Banda v. Appuhamy (1914) 18 N. L. R. 105 that the surviving husband of a diga marriage has a life interest in the acquired property of his deceased wife has not been altered by section 18 of the Kandyan Law Declaration and Amendment Ordinance. The husband's right is unaffected by the fact that there are children by a former marriage of the deceased spouse.

APPEAL front a judgment of the District Court, Kegalla.

C. R. Gunaratne, for the plaintiff-appellant.

H. W. Jayewardene, Q.C., with P. Ranasinghe, for the defendant-respondent.

June 24, 1955. BASNAYAKE, A.C.J.-

The only question for determination in this appeal is whether the husband of a diga married spouse who dies intestate leaving a child by a former marriage has a life interest over the property acquired by the deceased s

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