Mapa Mudiyanselage Deepthi Lakmali vs Warnakulasuriya Mahamandadige Antony Janakasiri Fernando – SC SPECIAL LA NO. 21/2011-2012

In the case between Mapa Mudiyanselage Deepthi Lakmali (applicant/petitioner/appellant) and Warnakulasuriya Mahamandadige Antony Janakasiri Fernando (respondent), the court addressed the issue of whether an application for special leave to appeal from a High Court’s decision on a maintenance order may be made directly to the Supreme Court under Article 128 of the Constitution in light of the procedural requirements imposed by the Maintenance Act No. 37 of 1999. It was held that in maintenance matters, the statutory procedure expressly requires applicants to first seek leave to appeal from the High Court before approaching the Supreme Court. The findings established that the petitioner’s application did not comply with section 14(2) of the Maintenance Act. The principle reaffirmed is that s