1912 Present: Lascelles C.J. and Wood Renton J.

APPUHAMY v. JULIHAMY et al.

303-D. C. Chilaw, 4,530.

Divorce-Action by husband against wife on ground of adultery and desertion-Husband communicating venereal disease to wife- Cruelty-Divorce not granted.

The plaintiff sued his wife,, the first defendant, for divorce on the grounds of malicious desertion and adultery with second defendant. The Supreme Court refused to grant a decree for divorce though the adultery was proved, as the plaintiff was guilty of cruelty to his wife, inasmuch as he had communicated venereal disease to her.

Communication of venereal disease by a husband to his wife, if wilful, constitutes legal cruelty.

Where a husband did not come forward and assert his ignorance of his condition the Court would hold the charge of wilful infection established, the principle being that the husband's health was presumably within his own knowledge.

THE facts are fully set out in the judgment.

Bawa, K.C., for the plaintiff, appellant.-The Judge has found that the respondent was guilty of adultery and desertion. The plaintiff was entitled to a decree for divorce on that find