De Alwis v. Wichremasinghe and Others – sllr 2000 volume 2 page 010

In the case between the Plaintiff (Petitioner) husband and the Defendant (Respondent) wife, the court addressed the issue of the validity and effect of a divorce decree and associated monetary awards following the death of a party. It was held that the personal right to permanent alimony ceases upon the death of the wife, making any decree for alimony non-executable thereafter, while other sums awarded must be treated as assets of the deceased’s estate to be remitted to the testamentary proceedings. The principle reaffirmed is that personal rights such as alimony do not survive the death of the beneficiary, whereas other monetary claims may form part of the estate. This determination relied on established matrimonial and testamentary law, impacting the management of monetary awards where a