1932 Present: Garvin S.P.J. and Maartensz A.J.

ANNAKEDDE v. MYAPPEN.

147-D. C. (Inty.) Nuwara, Eliya, 1,211.

Divorce-Action by wife-Husband claims divorce on ground of adultery of wife-Adulterer should be made a party-Ceylon domicil.

Where in an action for dissolution of marriage brought by a wife on the ground of malicious desertion by the husband, the latter claimed a divorce on the ground of the adultery of the wife, the alleged adulterer should be made a party to the proceedings.

The nature of evidence required to establish a Ceylon domicil considered.

APPEAL from an order of the District Judge of Nuwara Eliya. The facts appear from the judgment.

H. V. Perera, for the plaintiff, appellant.

Choksy, for the defendant, respondent.

January 25, 1932. GARVIN S.P.J.-

This was a petition by a wife for a divorce a vinculo matrimonii on the ground of malicious desertion. The husband filed answer denying the marriage and stating incidentally in the course of his answer that the plaintiff had " misconducted " herself with one Nagen. In due course issues were framed and the trial took place on November 27, 1980. The evidence in the case wa