Epasinghe vs. Tillekeratne – sllr 2019 volume 3 page 509

In EPASINGHE v. TILLEKERATNE, the court was required to determine the validity of an ex parte divorce decree alleged to have been obtained by fraud and without valid service of summons. It was held that the decree, rendered without proper service constituting a fundamental jurisdictional defect, was null and void. The principle reaffirmed was that a judgment procured by fraud is a nullity and devoid of legal effect, and only the Court of Appeal possessed competence under Article 138 to set such a decree aside. Relief was granted by quashing all proceedings in the Panadura District Court related to the said divorce decree, thereby emphasizing the paramountcy of due process in matrimonial litigation and the court’s vigilance against fraudulent proceedings.

Samayawardhena J. — The findings