M.D. Kamani Manimekala Rajakaruna Dassanayake (nee Saparamadu) vs M.M. Sumithra Kumari Senerath Dassanayake – CA RII/12/2023-2024

In the case between M.D. Kamani Manimekala Rajakaruna and Upali Mervin Senerath Dassanayaka, the court addressed the validity of a divorce decree issued by the District Court of Nugegoda. The case focused on allegations of fraudulent misdirection in the service of summons, specifically that service was effected at an incorrect address and material court documents were not received by the petitioner. The application for restitutio in integrum was considered under Article 138(1) of the Constitution to determine whether the divorce decree should be set aside and the petitioner’s marital status restored. It was held that the divorce decree, obtained under circumstances of fraudulent misdirection, was null and void. The court reinstated the petitioner’s status as the widow of the late Upali Das