Dassanayake vs. Rajakaruna – CA RII/12/23-2023

The case between M.D. Kamani Manimekala Rajakaruna Dassanayake (Defendant-Petitioner-Petitioner) and M.M. Sumithra Kumari Senerath Dassanayake (Respondent) addressed the issue of whether interim relief should be granted to stay the effect of earlier divorce proceedings and attendant effects on pension entitlements. It was held that the petitioner had not satisfied the requirements for interim relief, specifically failing to establish irreparable harm or a sufficient balance of convenience. This decision reaffirmed the principle that the grant of interim relief requires strict compliance with tests laid down in precedents such as American Cyanamid Co v Ethicon Ltd, focusing on whether more than just a prima facie case is made out. The judgment emphasized that the denial of interim relief wa