Gunawathie vs Priyalal – sllr 2007 volume 2 page 058

In Gunawathie v Priyalal, the Supreme Court addressed the issue of whether a maintenance claim based on the alleged paternity of a child could be established through the evidence of a dumb witness, as per the Maintenance Act No. 37 of 1999. The proceedings originated from a magistrate’s order awarding maintenance to the applicant, Gunawathie, for a child, followed by a High Court reversal questioning the reliability of the witness—a “dumb” grandmother. The Supreme Court determined that compelling, clear, and convincing evidence, including testimony from a competent dumb witness (where communication is facilitated by a qualified interpreter), suffices under the statute. The High Court decision was set aside and the magistrate’s order restored, reaffirming the principle that the evidentiary