Abdul Wahab Mohamed Najeeb Vs Fathima Fasmin Ahamed – CA LTA 0004/2020-2021

In the case between Abdul Wahab Mohamed Najeeb and Fathima Fasmin Ahamed, the court addressed whether leave to appeal should be granted under Section 62(1) of the Muslim Marriage and Divorce Act, read with Article 138 of the Sri Lankan Constitution. It was determined that, due to the absence and lack of representation for the petitioner at the hearing, no grounds existed to allow further time for supporting the application. The application for leave to appeal was dismissed without an order as to costs, reaffirming the principle that leave to appeal requires active prosecution and cannot be granted in the absence of sufficient justification. This decision emphasized that the court will not grant extensions or leave where procedural requirements or presence at the hearing are not satisfied.