Dissanayake Hitihamy Mudiyanselage Sarath Kumara Dissanayake vs. Kanthi Wimala Ratnayake (DECEASED) – SC APPEAL 112/2015-2016

In the case between Dissanayake Hitihamy Mudiyanselage Sarath Kumara Dissanayake and Kanthi Wimala Ratnayake (subsequently Malin Nivantha Kumarage), the court addressed whether an alimony order awarded in favor of a divorced wife survives after her death and the implications of substituting a legal heir for the deceased creditor regarding the cause of action. It was held that the cause of action for alimony does not survive the death of the recipient, and proceedings undertaken after the death of the judgment creditor are null and void. The court reaffirmed the principle that personal causes of action, such as maintenance and alimony, do not extend beyond the life of the beneficiary, referencing Sections 392 and 395 of the Civil Procedure Code. The key takeaway emphasizes that court orders