Maintenance Law in Sri Lanka: What You Need to Know

Key Takeaways

• Maintenance includes essential needs such as food, housing, and medical care, not just financial support.
• A spouse can claim maintenance if financially dependent or if the other spouse refuses support, but claims can be denied in cases of adultery or mutual separation.
• Parents must support their children until they are capable of self-sustaining, including adult children in education and disabled children, regardless of the parent’s marital status.
• The court evaluates the income and financial capacity of both spouses before deciding on maintenance..
• Non-marital children can also claim maintenance once parentage is established.

If you’re navigating a complex family situation and wondering, “Can I claim maintenance?” or “Am I obligated to pay maintenance?”, you’re not alone. Maintenance is a critical area of law that directly affects spouses and children. Here’s a practical guide to help you understand how Sri Lankan maintenance laws apply to your situation.

What is Maintenance?

Contrary to popular belief, maintenance isn’t just about handing over money. It’s about providing essentials like food, housing, medical care, and other necessities.

Historically, under Roman-Dutch Law, the responsibility to maintain one’s family was heavily tilted toward the husband, with the wife stepping in only in extraordinary situations like when the husband was gravely ill. However, modern Sri Lankan laws have reshaped this perspective, making maintenance a shared duty and ensuring equality.

The Maintenance Ordinance No. 18 of 1889 established the initial framework for regulating maintenance claims in Sri Lanka, while the Maintenance Act No. 37 of 1999 brought significant modernization to the law, emphasizing a more gender-balanced approach.

Spouse Maintenance: Can You Claim It or Must You Pay It?

If you’re married, either spouse can claim maintenance if they are unable to support themselves. However, there are specific conditions:

1. When Can You Claim Maintenance from Your Spouse?
   • If your spouse has sufficient means but neglects or refuses to support you.
   • If you are financially dependent and unable to sustain yourself.

For an example, a husband who earns a stable income but fails to provide financial support to his unemployed wife can be ordered by the court to pay her maintenance.

2. When Can You Be Denied Maintenance?
   • If you’re living in adultery.
   • If both spouses live apart by mutual consent.
   • If you unjustifiably refuse to live with your spouse.

For an example, a wife claiming maintenance may be denied if she’s found to be in a relationship with someone else or if she refuses to live with her husband without valid reasons.

3. What Does the Court Consider?
   • The income and financial capacity of the paying spouse.
   • The financial needs and circumstances of the receiving spouse.

If you’re unsure whether you qualify to claim or are obligated to pay maintenance, it’s essential to evaluate your financial situation and consult a legal professional.

Children and Maintenance: Who Is Responsible?

Parents have a legal duty to support their children, whether marital, non-marital, or adopted, until the children can sustain themselves. The law also extends this responsibility to:

• Adult Children: Support can continue until the age of 25 in instances where the child is pursuing education.
• Disabled Offspring: Parents are required to care for disabled children for life, as long as they remain incapable of earning a livelihood.

A father with sufficient income cannot deny maintenance for his child, even if the mother is financially well-off.

For non-marital children, parentage must first be established with sufficient evidence to claim maintenance.

Bringing the Law to Life: Key Cases

The courtrooms of Sri Lanka have witnessed pivotal cases that breathe life into the legal text. Here are some that stand out:

1. Edelstein v Edelstein: Reinforced the husband’s primary responsibility to support his wife.
2. Sivapakiyam v Sivapakiyam: Defined “sufficient means” to include not just actual income but also the ability to earn.
3. Balasingham v Kalaivani: Stressed that a past act of adultery doesn’t disqualify a wife from claiming maintenance; it’s the present situation that matters.
4. Canekaratne v Canekaratne: Asserted that a deserted wife has the right to stay in the matrimonial home unless alternative arrangements are made.
5. Don Tilakaratne v. Indra Priyadarshanie Mandawala: a mother filed for maintenance on behalf of her adult children pursuing higher education, providing sufficient evidence of their inability to support themselves. The court acknowledged her reasoning that filing on their behalf avoided disrupting their studies and deemed it valid, recognizing the practical realities of court proceedings.

These cases showcase how the law adapts to individual circumstances, ensuring justice for all.