Balasuriya vs. Ramanayake – SC APPEAL NO. 181/2014-2021

Brief
In the case between Gayani Manohari Balasuriya (Minor), represented by her next friend Hubert Balasuriya and substituting parties, and various members of the Ramanayake family (notably Ramanayake Arachchilage Lakshman, Ramanayake Sarathchandra Ramanayake, and Ramanayake Arachchilage Appuhamy), the court addressed whether the presumption under Section 28(1) of the Kandyan Marriage and Divorce Act applies to a marriage registered under the Marriage Registration Ordinance. It was determined that, given the marriage registration entry did not specify if the marriage was “diga” or “binna,” and no contrary evidence was produced, the marriage of Sujatha Tillakaratne should be presumed to be “diga.” This consequently resulted in forfeiture of her right to paternal inheritance over the land i