005-NLR-NLR-V-71-ALICE-NONA-Appellant-and-G.-SUGATHAPALA-Respondent.pdf
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TENNEKOON", J.—Alice Nona v. Sugathaj/ala
Present: Tennekoon, J.ALICE NQNA, Appellant, and G. SUGATHAPALA, Respondent8. C. 710167—M. G. Kandy, 49908
Maintenance—Kandyan woman married in binna—Refusal by her to change herresidence—Effect thereof on her claim for maintenance from her husband—Maintenance Ordinance, s. 4—Kandyan Law Declaration and AmendmentOrdinance (Cap. 59), s. 9 (1).
Where a Kandyan woman who has contracted a binna marriage refuses tochange her residence on the ground that if she changes her residence and goesto live with her husband her rights of inheritance may be affected, she is notentitled to claim maintenance from her husband if he offers to maintain her oncondition of her living with him. In such a case, the ground urged by the wifeis not a sufficient reason within the meaning of section 4 of the MaintenanceOrdinance for her to refuse to live with her husband.
PPEAL from a judgment of the Magistrate’s Court, Kandy.
D. Bandaranayake, for the Applicant-Appellant.
No appearance for the Defendant-Respondent.
September 14, 1967. Tennekoon, J.—
In this case the applicant was a Kandyan who had contracted a Binnamarriage with her husband. She claims maintenance from her husbandthe defendant. The defendant offered to maintain the applicant oncondition of her living with him. The applicant however refused on theground that if she changed her residence and went to live with herhusband her rights of inheritance might be affected. The Magistrate heldthat this was not a sufficient reason within the meaning of Section 4 ofthe Maintenance Ordinance for the wife to refuse to live with herhusband.
I agree with the Magistrate’s view. Under the law now governing therights of Binna married daughters change of residence cannot affect thenature of the marriage or her rights to succession. See Section 9 (1) ofthe Kandyan Law Declaration and Amendment Ordinance (Chapter 69,1956 Edition of the Legislative Enactments). Admittedly the marriagewas one contracted after 1938 and the provision of this Section willaccordingly apply. The appeal is dismissed.
Appeal dismissed.