W.M.R. Adikari, Secretary to the Ministry of Justice & Prison Reforms vs Hakkini Gihan Indu Kumara de Silva – CA (CPA) 162/2022-2025

In the case between the Petitioner (mother) and the Secretary to the Ministry of Justice & Prison Reforms (Petitioner-Respondent), with the 1st Respondent-Respondent (father) and the 2nd Respondent-Petitioner, the court considered whether the habitual residence of minor children was in Italy or Sri Lanka, and if their removal or retention constituted a wrongful act under Section 3 of the Civil Aspects of International Child Abduction Act. It was determined that the High Court’s finding regarding habitual residence, based on the children’s citizenship, integration, and educational placement in Italy, was substantiated by the evidence. The arguments raised under Sections 10 and 11 concerning exceptions for grave psychological harm and custody issues were analyzed and found insufficient to di