Kudaanthonige Rasika Damayanthi vs Hewa Walimunige Gamini – SC APPEAL 151/2017-2020

In the case between Kudaanthonige Rasika Damayanthi and Hewa Walimunige Gamini, the court addressed issues arising from a maintenance application under the Maintenance Act No. 37 of 1999. The central issues concerned whether the correct burden of proof was applied regarding the parties’ incomes and the applicant’s alleged inability to maintain herself, as well as the proper assessment of evidence by the lower courts. It was held that the evidence did not sufficiently establish the applicant’s inability to self-maintain, resulting in the quashing of the Rs. 5,000 maintenance order made in her favor under section 2(1), while the maintenance order for the child under section 2(2) remained unaffected. The ruling reaffirmed the principle that the applicant in a maintenance action must prove the