Premanie Samarasinghe v. Leelaraja – sllr 1990 volume 1 page 031

In the case between Premanie Samarasinhge (Plaintiff–Respondent, husband) and Leelaraja Samarasinhge (Defendant–Petitioner, wife), the court addressed whether dowry property and associated matrimonial benefits could be claimed or forfeited in divorce or judicial separation proceedings under the Civil Procedure Code, specifically sections 615 and 618. It was held that such reliefs were not available in the present proceedings, as the defendant–petitioner had not pleaded matrimonial fault and similar issues were already at issue in separate, pending litigation. This decision reaffirmed the principle that property rights and forfeiture of matrimonial gifts can only be adjudicated within the statutory framework when properly pleaded and not where parallel proceedings exist. Reliance was placed

REF: sllr 1990 volume 1 page 031 Category: Tag:
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