M.K.M.G. Ganawathie vs M.G. Karunawathie – CA APPEAL NO. 876/1997-2017

In the case between M.K.M.G. Ganawathie (deceased, substituted by Malwadamge Sunil Sisira Kumara Jayalath) and M.G. Karunawathie and Mudunkoth Gedara Wijesundara, the court addressed the evidentiary requirements for establishing paternity in partition proceedings. It was held that a birth certificate is not the sole or necessary means of proving paternity; rather, oral and circumstantial evidence, including evidence of conduct and admissions, may sufficiently establish a familial relationship for inheritance purposes. The principle reaffirmed is that, under Sections 50, 17, 18, 21, and 31 of the Evidence Ordinance, opinion evidence and admissions by conduct are admissible where documentary proof is lacking. The determination emphasized that proof of relationship may rest on a combination o