Karunawathie v. Wijesuriya & Another – sllr 1980 volume 2 page 014

In the case between the petitioner (mother) and the 1st respondent (father), the court addressed the issue of child custody where the marriage bond remained intact. The court held that, under Roman‑Dutch Law, the father’s preferential right to custody prevails unless there are demonstrated special circumstances affecting the welfare of the child. It was reaffirmed that the welfare of the child is paramount but the burden falls on the petitioner to establish exceptional reasons to displace the father’s rights. Reliance was placed on recognized precedents such as Ivaldy v. Ivaldy and Pemawathie v. Kudalugoda Aratchi, emphasizing that the father’s natural rights are not to be overridden in the absence of conclusive evidence showing unfitness or adverse circumstances.

L. H. De Alwis J. — It