H.M. Chandrakanthi vs K.M. Gamini Kumara – SC APPEAL 127/2019-2022

In the case between H.M. Chandrakanthi (Applicant-Respondent-Appellant) and K.M. Gamini Kumara (Respondent-Appellant-Respondent), the court addressed whether the applicant, having engaged in an adulterous relationship, was “living in adultery” at or about the time of filing her application for maintenance under the Maintenance Act. It was determined that “living in adultery” signifies a continuing state and not merely an isolated incident of adultery. The court held that the Applicant was indeed living in adultery at the relevant time, thereby disqualifying her from maintenance under section 2(1) proviso of the Maintenance Act. This decision reaffirmed the principle that statutory provisos must be interpreted to effectuate legislative intent and avoid absurd outcomes, with reliance on fact