Rajeswararanee V. Sunthararasa

1962 Present: Basnayake, C. J., and Herat, J.

 RAJESWARARANEE, Appellant, and SUNTHARARASA,
Respondent

S. C. 479/59-D. C. Chavakachcheri, 1688/D

    Divorce-Malicious desertion-Proof.

In an action for divorce on the ground of malicious desertion proof is necessary that the deserter wilfully brought to an end the existing state of co-habitation with the deliberate purpose of abandoning conjugal society.

Where both husband and wife were anxious to resume their conjugal life, but the husband wanted the wife to come to his house while the wife wanted' the husband to come to her house in the same village-

Held, that malicious desertion on the part of the wife was not proved.

APPEAL from a judgment of the District Court, Chavakachcheri.

S. Nade-san, Q.C., with S. Sharvananda, for Defendant-Appellant.

H. W. Jayewardene, Q.C., with P. Navaratnarajah and N. R. M. Daluwatte, for Plaintiif-Respondent.

March 7, 1962. BASNAYAKE, C. J.-

This is an appeal from the judgment of the learned District Judge of Chavakachcheri in an action for divorce on the ground of malicious desertion. The plaintiff alleged that he was married to the defe

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