W.A. Nelum Kumari Jayaratne Niwasa v. W.A. Dhammika Kumara – CA PHC APN 120/2014-2016

In the case between W.A. Nelum Kumari and W.A. Dhammika Kumara, the court addressed whether the Court of Appeal possessed jurisdiction to hear both a revision application and an appeal against maintenance orders issued by the Magistrate’s Court, after acceptance of a DNA report as conclusive proof of paternity. The court determined that jurisdiction for such matters vests exclusively in the Supreme Court, as prescribed by the Maintenance Act No. 37 of 1999 and the procedural framework established by the High Court of the Province (Special Provisions) Act No. 19 of 1990. The holding reaffirmed the principle that the appellate path for maintenance orders from the Magistrate’s Court under the Maintenance Act is statutorily confined, excluding the Court of Appeal. The applications were accordi

REF: CA PHC APN 120/2014-2016 Category: Tag:
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