1951 Present : Basnayake J. and Pulle J.

DE MEL, Appellant, and DE MEL et al., Respondents

S. C. 277-D. C. Colombo, 1,250/D

Divorce-Malicious desertion-Unfounded charge of adultery.

Where a husband suspected without reasonable grounds that his wife had committed adultery and ordered her to leave the house and refused to be reconciled to her unless she gave a written confession of adultery-

Held, that there was malicious desertion on the part of the husband.

APPEAL from a judgment of the District Court, Colombo.

U. A. Jayasundera, K.C., with J. N. Fernandopulle, C. G. Weeramantry and Felix Bahareti, for the plaintiff appellant.

H. V. Perera, K.C., with N. K. Choksy, K.C., and H. W. Jayewardene, for the first defendant respondent.

N. E. Weerasooria, K.C., with W. D. Gunasekere, for the second defendant respondent.

Cur. adv. vult.

June 28, 1951. PULLE J.-

This is an appeal in an action for dissolution of marriage instituted by the husband on the ground that his wife, the first defendant, had committed adultery with the second defendant from whom he claimed Rs. 10,000 as damages. The defence was a denial and the wife counter-claimed a divorc