K. PRIYANTHA FERNANDO, J

1.The Plaintiff-Respondent-Respondent (hereinafter referred to as the Plaintiff) filed action in the District Court of Hatton against the Defendant-Respondent-Respondent (hereinafter referred to as the Defendant) for divorce on the ground of malicious desertion by the defendant. The plaintiff also prayed for permanent alimony and the custody of the two children. The plaintiff is the wife and the defendant is the husband.

2. In his amended answer, the defendant while denying the malicious desertion on his part prayed for a dismissal of the plaintiff's action, and alleged that the plaintiff is committing adultery with the Co- defendant-Appellant-Appellant (hereinafter referred to as the co- defendant) and claimed Rs. 1,000,000 as damages from the co- defendant for breaking down his marriage. It was the position of the defendant that the plaintiff has filed this action in order to obtain a divorce as she is living in adultery with the co-defendant. However, it is pertinent to note that, the defendant did not pray for divorce from the plaintiff based on the alleged adultery. For the ease of reference, I will refer to the parties as they were referred to in the Di