Atukorala v. Atukorale and Others – sllr 1987 volume 1 page 388

Brief
In Atukorala v. Atukorale and Others, the court addressed whether the custody dispute over minor children should be determined by the District (Family) Court or could be disposed of by the Court of Appeal under Article 141 of the Constitution. It was held that jurisdiction for custody disputes resides exclusively in the District (Family) Court pursuant to the Judicature Act No. 2 of 1978, as amended by Act No. 71 of 1981. The principle reaffirmed is that complex custodial matters involving sensitive factual controversy and the necessity for cross-examination are to be adjudicated at the original court with specialized competence. Reference was made to the statutory framework and constitutional limitations, emphasizing that the proper forum for such determinations is the District Cour