Seneviratne V. Panishamy Et Al.,

1927 Garvin and Lyall Grant JJ.

 SENEVIRATNE v. PANISHAMY et al.

280-D. C. Galle, 22,893.

Divorce-Adultery of wife-Husband himself guilty of adultery-Discretion of Court-Civil Procedure Code, s. 602.

Where a plaintiff, who institutes proceedings for divorce from his wife, four and a half years after the adultery complained of. is himself found to have lived in adultery for four years up to the. institution of the action and also during its pendency,-

Held, that the Court is justified in refusing to grant. I he plaintiff a divorce.

Per GARVIN J.- He who seeks to be released from the matrimonial tie must himself be free from matrimonial offence.  This rule may only be relaxed in exceptional cases and where the relief prayed for may be granted without prejudice to the interests of public morality.

APPEAL from a judgment of the District Judge of Galle. The facts appear from the judgment of Garvin J.

Hayley, K. C. (with Ranawake), for plaintiff, appellant.

T. Weeraratne (with Zoysa), for first defendant, respondent.

H. V. Perera (with Rajapakse), for second defendant, respondent.

August 29, 1927. GARVIN J.-

This is an appeal

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