Samili De Silva v. Grace De Silva – sllr 1995 volume 2 page 195

In the case between Samili De Silva (Plaintiff) and Grace De Silva (Defendant), the court addressed the validity of a maintenance application signed by an Attorney-at-Law, rather than by the applicant, as stipulated in Section 13 of the Maintenance Ordinance. It was held that such an application satisfies the requirements of Section 13, with the court declining to exercise revisionary jurisdiction to set aside the Magistrate’s order. The principle reaffirmed is that statutory language mandating the applicant’s signature on maintenance applications can be considered substantially satisfied through a properly sworn affidavit accompanying the application. The judgment relied on interpretations of the Maintenance Ordinance, the Judicature Act, and relevant case law, clarifying the procedural r