SL SC | Maintenance criteria can be altered depending on change in circumstances; Court dismisses the appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Buwaneka Aluwihare, PC J., Vijith K. Malalgoda, PC J. and Murdu N. B. Fernando, PC J., dismissed an appeal filed which had arisen from an order relating to an application for the payment of maintenance to a spouse. 

The Applicant-Appellant Respondent had made an application to the Magistrate’s Court for maintenance for the child born out of her marriage to the Respondent-Respondent-Petitioner-Appellant and for herself and when the matter was taken up the parties had agreed on a settlement and subsequently the application was withdrawn by the applicant. After four months she had filed a fresh application for an increased amount of maintenance to which the magistrate had rejected the application stating that the applicant was in a condition to maintain herself. Aggrieved by which she had filed an appeal in the provincial high court and the high court had granted an order providing her maintenance for a sum of Rs 20,000. Aggrieved by which the respondent had filed the instant appeal for setting aside the decision of the provincial high court.

The Court while dismissing the appeal explained that the High Court has not referred to the loss of employment of the Respondent-Appellant nor his income through computer repairs, upon considering the evidence adduced regarding the financial situation of the Respondent-Appellant, thus they see no reason to alter the orders of the high court thus there was no failure on the part of the High Court Judge to consider the Applicant’s capacity to earn an income or to be gainfully employed. [Chandana Thilaka Karunapala v. Dona Ahangama Anoma Kanthi Liyanage, SC Appeal 126 of 2014, decided on 15-11-2019]

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