1954 Present: Gratiaen J. and Gunasekara J.

JAYASINGHE, Appellant, and JAYASINGHE, Respondent

S. C. 29-D. C. Gampaha, 1179/1182D
 

Divorce action-Requisite standard of proof-Condonation of adultery-No issue raised at trial-Circumstances when Court is put upon inquiry-Civil Procedure Code, s. 602.

In an action for divorce on the ground of adultery-

Held, (i) that the words " satisfied on the evidence " in section 602 of the Civil Procedure Code mean that in actions for divorce the Court must demand the same general standard of proof beyond reasonable doubt as is required to support a conviction in a criminal court.

(ii) that, even in the absence of an issue as to condonation of the alleged adultery, the trial judge is put upon inquiry as to whether there has been condonation or not if the evidence discloses that the parties had resumed living together under circumstances which would justify the belief that a reconciliation had taken place. " Conjugal cohabitation " within the meaning of section 602 (2) of the Civil Procedure Code can be resumed even without a renewal of sexual intercourse between the spouses after reconciliation.