Syril Dewapriya Abeysingha v. L S C Perera – CA 887/2000-2000

In the action between Syril Dewapriya Abeysingha (plaintiff-appellant) and L S C Perera (defendant-respondent), the court addressed whether the defendant maliciously deserted the plaintiff on 15 November 1989, thus entitling the plaintiff to a divorce and dissolution of marriage. It was held that the plaintiff failed to discharge the burden of proving malicious desertion, reaffirming the principle that appellate courts should accord deference to the trial judge’s assessment of witness credibility, especially when findings are rooted in such assessments. The decision relied on the careful evaluation of contradictory testimonies and the impact of statements made in prior maintenance proceedings, emphasizing that appellate intervention is unwarranted absent misdirection or manifest error in t