Kurukulasooriya Pearl Benita Perera vs Horanakkara Hemasinghelage Manel Ashoka – CA RI/14/2018-2022

In Kurukulasooriya Pearl Benita Perera v. Horanakkara Hemasinghelage Manel Ashoka, the court addressed the issue of whether an ex parte judgment and divorce decree issued by the District Court of Colombo should be set aside due to improper service of summons on the Petitioner, thereby rendering the divorce proceedings null and void under Article 138(1) of the Constitution. It was determined that proper service of summons is a fundamental jurisdictional requirement, and failure to comply with this renders proceedings null. Despite existing precedents restricting direct recourse to the Court of Appeal, an exception was recognized due to the original Plaintiff’s death, allowing the Petitioner to obtain relief directly. The holding reaffirmed the principle that the absence of due process in se