Antony Fernando vs Deepthi Lakmali – sllr 2012 volume 2 page 081

In the case between Antony Fernando (Petitioner) and Deepthi Lakmali (Respondent), the issue considered was whether an appeal in respect of a maintenance order could be made directly to the Supreme Court without first obtaining leave to appeal from the High Court, having regard to the special appellate procedure prescribed by Section 14(2) of the Maintenance Act No. 37 of 1999 as compared to the general provisions under the High Court of Provinces (Special Provisions) Act No. 19 of 1990. The initial maintenance award by the Magistrates Court had been modified by the High Court. The petitioner sought relief from the Supreme Court without first seeking leave from the High Court. It was determined that the specific procedure under the Maintenance Act, as underscored by the maxim “generalia sp