H.D. Hewage Weerasinghe vs Indipalage Chandrika – CA PHC 208/04-2014

In the case between H.D. Hewage Weerasinghe (Respondent-Respondent-Appellant) and Indipalage Chandrika (Applicant-Appellant-Respondent), the central question concerned the maintainability of an appeal to the Court of Appeal against an appellate judgment of the High Court arising from an order under the Maintenance Act, No. 37 of 1999. The appeal was brought after the High Court’s decision, with a preliminary objection subsequently raised regarding procedural non-compliance, particularly failure to adhere to the prescribed statutory timeline and mechanism for appeals outlined in the Maintenance Act. It was determined that the statutory appeal pathway only permits appeals from the High Court’s appellate decisions directly to the Supreme Court within six weeks. As the appeal to the Court of A