Wickramasinghe Mudiyanselage Podimenike et al. vs Wickramasinghe Mudiyanselage Peiris Singho et al. – SC APPEAL 55/2016-2021

In the case concerning the plaintiffs, including the 3rd Plaintiff, versus several defendants in a dispute over the partition of ancestral (paraveni) land under Kandyan Law, the court addressed whether the marriage of the 3rd Plaintiff, contracted under the General Marriages Ordinance, constituted a Diga or Binna marriage, thereby affecting succession rights. It was held that, absent sufficient evidence to rebut the presumption of a Diga marriage, the 3rd Plaintiff could not claim inheritance as a Binna daughter. This decision reaffirmed the principle that succession under Kandyan Law depends on the proper classification of marriage and that the burden of proof rests on the party asserting a change in marital status. The court relied on the Marriage and Divorce (Kandyan) Act and relevant p