Ubeyratne v. Karunawathie and Others – sllr 1999 volume 3 page 016

In the case between UBEYRATNE (plaintiff-respondent, legal wife of the deceased Gunaratne) and KARUNAWATHIE AND OTHERS (defendant-appellants), the court addressed the issue of whether children born during the continuance of a valid marriage should be presumed legitimate despite allegations of marital separation and disputed paternity. It was held that such children are legally presumed legitimate, reaffirming the principle that paternity and legitimacy during the subsistence of marriage are personal matters to be challenged only by the parties to the marriage. Reliance was placed on Section 112 of the Evidence Ordinance, which raises a strong presumption of legitimacy for children born within lawful wedlock absent clear proof of non-access. The decision emphasized that third parties lack s