Athukoralalage Suranji Lakmali Vs. Erimuni Devayalage Rathnasiri – CA 50/2013-2013

In the case between Erimuni Devayalage Rathnasiri and Athukoralalage Suranji Lakmali, the court addressed the issue of whether the divorce action filed in the District Court of Bandarawela should be transferred to the District Court of Embilipitiya due to threats and safety concerns raised by the Defendant-Petitioner. It was held that the transfer of the divorce action was warranted under the circumstances, reaffirming the principle that when a litigant credibly alleges threats impacting safety or fair participation, the court is empowered to transfer proceedings to ensure justice and security. This decision relied on procedural fairness considerations and the duty of the court to preserve accessible justice, emphasizing that avoidance of proceedings and credible safety concerns can justif