Siriwardhana Kasee Brahmana Ralalage Lalitha Kumari vs Rathnayake Mudiyanselage Sunil Rathnayake – SC Appeal 0074/2025-2025

In the matter of the Plaintiff-Respondent and the Defendant-Appellant, the Supreme Court addressed the issue of divorce a vinculo matrimonii on the ground of constructive malicious desertion. The court held that the Defendant-Appellant’s conduct constituted expulsive acts demonstrating an intention to terminate the marriage consortium, thereby establishing constructive malicious desertion. It was reaffirmed that the rights of parties are determined at the date of the plaint, rendering evidence of events occurring seventeen months after the institution of the action irrelevant. This decision relied on the distinction between simple and constructive malicious desertion and the requirement for specific, cogent evidence to prove adultery, ultimately granting a decree nisi dissolving the marria