Silva vs Dissanayake – clr volume 2 page 123_2

In the case between the creditor who accepted the bond executed by Dona Ceciliana Manikhamy (plaintiff) and the husband and children of Ceciliana Manikhamy (defendants), the court addressed whether a married woman, possessing separate estate, could validly execute a bond or mortgage without the written consent of her husband as mandated by section 9 of the Matrimonial Rights Ordinance, 1876. It was held that such consent was an absolute prerequisite, and the absence thereof rendered the transaction void, precluding any recovery by the creditor. The decision affirmed the operative principle that statutory requirements concerning spousal consent must be strictly enforced, emphasizing that any encumbrance or liability entered into without compliance with these provisions is invalid as to the