Mangalika De Silva (nee Hemachandra) vs. Prabhath Joseph De Silva and Pushpa Kumari Jayawardena – SC APPEAL NO. 122/2011-2015

In the case between Mangalika De Silva (nee Hemachandra) and Prabhath Joseph De Silva, the court addressed the issue of whether an order made under Section 615(1) of the Civil Procedure Code was legally sustainable in directing the transfer of a ½ share of matrimonial property from the Defendant-Appellant to the Plaintiff-Respondent. It was held that such an order was not warranted under the facts and law, and that the matrimonial property should remain co-owned, with an additional direction for the provision of permanent alimony to the wife. The decision reaffirmed the principle that property rights upon divorce should be determined by both statutory and common law principles, including considerations on property contribution and forfeiture of benefits. Reliance was placed on the Civil Pr