Kusumawathie v. Wijesinghe – sllr 2001 volume 3 page 238

In the case between Kusumawathie (Plaintiff) and Wijesinghe (Defendant), the court addressed the issue of the validity of an ex parte divorce decree obtained without notice after the husband’s death. It was held that the decree, having been procured fraudulently and without the petitioner’s knowledge, should be set aside, reaffirming the principle that the remedy of Restitutio in Integrum is available where a party suffers injustice due to fraud or abuse of legal process. Reliance was placed on legal precedents recognizing the court’s power to intervene in the event of a miscarriage of justice, even where one party is deceased. Emphasis was placed on the ability of the Court of Appeal to restore the petitioner’s original legal position and prevent further legal and financial detriment. The