Karunadasa vs. Abeywickrama and Others – sllr 2005 volume 2 page 299

In the case between Karunadasa (husband, plaintiff-petitioner) and Abeywickrama and others (the wife and two minor children, defendants), the Court of Appeal addressed whether a pending divorce action precludes a habeas corpus application regarding custody or access to minor children, and examined the proper procedural requirements for leave to appeal when vital documents are not produced. It was held that a divorce action does not bar an independent habeas corpus application related to custody or access, reaffirming the procedural principle that a party seeking relief bears the obligation to adduce all essential supporting documents. The decision drew upon the Court of Appeal Appellate Procedure Rules, Civil Procedure Code, and Judicature Act, determining that failure to submit mandatory

REF: sllr 2005 volume 2 page 299 Category: Tag:
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