Hewage Pemalin Pemalatha vs Ranepura Hewage Cyril – CA RII/0081/2024-2025

In Hewage Pemalin Pemalatha vs Ranepura Hewage Cyril (Deceased), decided by the Court of Appeal on an undisclosed date, the court addressed an application for Restitutio-in-Integrum and Revision under Article 138(1) of the Constitution of Sri Lanka. The issue concerned whether an ex-parte divorce decree obtained through alleged fraud and without proper service of summons was null. It was determined that the failure to serve proper summons and the fraudulent conduct in procuring the decree rendered it a nullity, with reference to established precedents emphasizing that lack of service undermines judicial jurisdiction. The ruling confirmed that, notwithstanding the death of the husband, the petitioner was entitled to a remedy to restore legal rights and property, based on statutory principle