Wijesekera v. Seneviratne – sllr 1983 volume 2 page 424

In the case between WIJESEKERA (plaintiff) and SENEVIRATNE (defendant), the court addressed whether a letter dated 21.4.67 issued by the plaintiff’s husband constituted sufficient written consent under Section 8 of the Matrimonial Rights and Inheritance Ordinance for the disposal of immovable property acquired prior to the Married Women’s Property Ordinance. The court held that the letter did meet the legal requirement for written consent, and consequently dismissed the plaintiff’s action. This decision reaffirmed the principle that consent given by a husband in writing—though not necessarily within the deed or via notarial execution—is adequate under the relevant Ordinance, provided it explicitly authorizes the disposition. Precedents such as Perera v. Perera and Fradd v. Fernando were re