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DateLine Saturday, 28 February 2009

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Defendant has no right to my son’s salary, dead soldier’s mum says

A woman whose son, a soldier, died in the Puliyankulama attack in 1997 filed a plaint before the Colombo District Court stating that the salaries and the allowances due to her son is taken by his wife and an aunt.

A.M. Anula Kumari of Kelanimulla, Angoda filing the plaint cited three including D.M. Bisomenike of Batumulla, Bogahaela as the defendants.

The plaintiff stated that her son was born in 1973 and joined the Gajaba Regiment in 1995. He died in the Puliyankulama attack on August 19, 1997. The first defendant is getting the allowances and salary of the plaintiff’s son by providing a forged marriage certificate.

She said the defendant was married to some other person and had three children. She prayed before court to declare that the defendant had no right to the salary and other allowances of her child.

Bisomenike filing her answer stated that the allegations against her were baseless. She duly married plaintiff’s son. The defendant lived with a person before she married the plaintiff’s son but she was not married to him legally. So she had the right to take the payment made to the soldier.

While leading evidence it was revealed that according to the marriage certificate the defendant and the plain tiff’s son were in same age but in fact the first defendant was older to the plaintiff’s son.

Colombo Additional District Judge Ayeshani Jayasena allowed the plaintiff to submit a letter before Court in this regard.

 

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