Sembukutti Arachchige Shanthi Siriwardena vs Sooriya Pahtirennehelage Piyalka Weerakanthi – SC/APPEAL/179/2019-2024

In the case between Sooriya Pahtirennehelage Piyalka Weerakanthi (petitioner/appellant) and Sembukutti Arachchige Radhika, Sembukutti Arachchige Premaratne, and others (respondents), the court addressed the issues concerning the validity of a second marriage where the first marriage was allegedly still subsisting, and the application of sections 18 and 19 of the Marriage Registration Ordinance contrasted with sections 107 and 108 of the Evidence Ordinance. It was held that the presumption of death under the Evidence Ordinance does not validate a subsequent marriage if the prior marriage remains undissolved, emphasizing that a second marriage contracted in such circumstances remains void under the Marriage Registration Ordinance. The decision reaffirmed the principle that evidentiary presum