Dias v. Kodithuwakku – sllr 1999 volume 3 page 354

In Dias v. Kodithuwakku, the court addressed whether injunctive relief in matrimonial actions, specifically to prevent the alienation of the matrimonial home by the husband, is legally permissible. It was held that a spouse may be restrained from disposing of the matrimonial home during divorce proceedings, reinforcing the principle that a husband’s obligation to maintain and provide accommodation to the wife continues until the dissolution of marriage. The decision relied on authorities such as Bendall v. McWhirter, Boulton v. Prentice, and Lee v. Lee, highlighting that the wife’s right to reside in the matrimonial home persists notwithstanding legal title. The costs were awarded to the respondent, and leave to appeal the district court’s order was refused.

Tilakawardena J. — The civil