Kannake Arachchige Asantha Sanjaya Rukmal Wimaladasa vs Rajasekera Waduge Sarika Sugandini Rajasekera – SC SPL LA 192/24-2024

In the matter of Kannake Arachchige Asantha Sanjaya Rukmal Wimaladasa (Petitioner) and Rajasekera Waduge Sarika Sugandini Rajasekera (Respondent), the court addressed the issue of the procedural requirement for leave to appeal to the Supreme Court in maintenance matters under Section 14(2) of the Maintenance Act No. 37 of 1999. The court held that a mandatory pre-condition exists requiring leave to be sought from the High Court first, and only upon refusal can special leave be sought from the Supreme Court. This decision relied on the specific and later enactment of the Maintenance Act, which prescribes a distinct procedural route for appeals in maintenance issues, overriding general provisions. The key takeaway is that the Supreme Court’s jurisdiction is not properly invoked if this statu