Hudson Samarasinghe vs Thilaka Wadasinghe Liyanarathnage – CA PHC APN 86/2009-2009

The case between Thilaka Wadasinghe Liyanarathnage and Hudson Samarasinghe addressed the issue of whether entitlement to maintenance can arise where the validity of a marriage is challenged on the grounds of alleged bigamy. It was held that the respondent was entitled to maintenance, and that the revisionary jurisdiction of the Court of Appeal was not properly invoked absent demonstration of “exceptional circumstances.” The principle reaffirmed is that the existence of a marriage, unless set aside by a competent court, gives rise to legal obligations, including maintenance. This decision relied on statutory provisions under the Maintenance Act No. 37 of 1999 and case law (such as Somawathie v. Wimalarathna; Rustom v. Hapangama), emphasizing that questions of marital validity and maintenanc