Varuna Jayasuriya vs Krishanjini Jayasuriya – sllr 2005 volume 2 page 382

The case between Varuna Jayasuriya and Krishanjini Jayasuriya addressed the issue of whether a Sri Lankan court could entertain and recognize a divorce action, where a foreign court (Canada) had already issued a divorce decree, and whether jurisdictional challenges involving mixed issues of law and fact—particularly matrimonial domicile and recognition of foreign decrees—should be decided as preliminary points. It was held that such composite issues require evidence and should not be determined at a preliminary stage, reaffirming the principle that objections to jurisdiction must be explicitly pleaded and not raised obliquely during the proceedings. The decision relied on case law concerning the trial of issues in matrimonial cases and the recognition of foreign judgments, emphasizing that