A. Samarasiri Kaluarachchi vs Mallika Iranganie Wadupola – CA 177/1997-2011

The case between A. Samarasiri Kaluarachchi (Plaintiff-Appellant) and Mallika Iranganie Wadupola (Defendant-Respondent) addressed the issue of whether the wife maliciously deserted her husband, thereby entitling him to a divorce, and whether allegations of adultery against the husband were proven. It was held that malicious desertion was not established, as the evidence demonstrated the wife’s departure was prompted by harassment and interference rather than a deliberate or malicious intent to end the marriage. The principle reaffirmed required clear proof of a final and intentional repudiation to prove malicious desertion. The decision relied on established legal standards for matrimonial causes and emphasized the deference accorded to the trial judge’s assessment of facts and witnesses,