Somawathie vs Wimalaratne – sllr 2008 volume 1 page 384

In the case between Somawathie (appellant/wife) and Wimalaratne (respondent/husband), the court addressed whether an innocent party to a bigamous (void) marriage may claim maintenance under the Maintenance Ordinance. The court determined that a void bigamous marriage does not confer the status of “wife” or “spouse” necessary to invoke maintenance rights under the Ordinance, reaffirming the established principle that only parties to a valid marriage may seek such relief. The decision relied on the strict interpretation of statutory language and common law doctrine, concluding that the appellant’s remedy, if any, would not arise under the Maintenance Ordinance but potentially through alternative civil claims. Emphasis was placed on the impact of statutory limitations for maintenance claims a