Reichmuth Peeter Vs. Kurukulasuriya Shiromi Chandrika Fernando – CA REV. NO. 866/2003-2014

The case between Reichmuth Peeter (plaintiff-petitioner) and Kurukulasuriya Shiromi Chandrika Fernando (defendant-respondent) addressed the propriety of a District Court order granting alimony pendente lite and litigation costs to the respondent in a divorce action. It was held that the District Judge had erred in basing the plaintiff’s presumed income on unsupported assumptions and did not adequately consider the existence of a prior maintenance order. The decision reaffirmed that alimony pendente lite may be granted alongside an existing maintenance order only in exceptional circumstances, which were not present in this case, and that cost orders should reflect genuine financial capability. Reliance was placed on established legal principles concerning maintenance and alimony, emphasizin