Ediriweera Arachchige Ariyasena vs Chandrika Jayaweera – CA 265/1997-2011

In the case between Ediriweera Arachchige Ariyasena (Plaintiff-Appellant) and Chandrika Jayaweera (Defendant-Respondent, wife, Personal Manager, Sri Lanka Tractor Corporation) together with Arawinda Mutukumaran (wife’s brother), the court addressed whether divorce should be granted on the grounds of adultery and malicious desertion. It was held that the Plaintiff’s allegations were unsubstantiated due to the absence of corroborative evidence and the delay in taking legal action. The legal principle reaffirmed was that allegations of adultery require strict proof, and malicious desertion necessitates clear evidence of a deliberate intention to repudiate the marriage. The decision relied on judicial standards for proof of matrimonial offenses, emphasizing that unfounded accusations and frivo