Dias, S.W.E. V. Mensaline Hamine Et Al.,

1945 Present: Keuneman and Jayetileke JJ.

S. W. E. DIAS, Appellant, and MENSALINE HAMINE et al,
Respondent.

234-D. C. Colombo, 619.

Divorce-Wife lives in the same house after knowledge of husband's adultery- No proof of condonation-Further proof required of forgiveness and reinstatement of offending spouse.

The fact that a wife after knowledge of her husband's adultery shares his bed is not strong or conclusive proof of condonation; still less, the fact that she merely resided in the same house with her husband. There should be, in addition, proof of forgiveness and of the reinstatement of the offending spouse.

THE plaintiff sued her husband the first defendant for divorce on the grounds-(1) of constructive malicious desertion by him, (2) of his adultery with a servant woman. The first defendant denied these allegations and himself claimed a divorce on the ground that the plaintiff had committed adultery with the second defendant in 1940 and 1942 and thereafter. The District Judge found that the first defendant had committed adultery with the servant woman and dismissed the defendant's claim for divorce. The District

Click Here to Read the rest of this document