Ekanayake Arachchige Pemadasa vs Sudusinghe Gunawathie – CA NO. 1023/2000-2013

The case between Ekanayake Arachchige Pemadasa (Appellant) and Sudusinghe Gunawathie (Respondent) addressed the issue of divorce (a vinculo matrimonii) on the ground of malicious desertion. It was held that the Appellant failed to establish the Respondent’s malicious desertion, while sufficient evidence supported the Respondent’s counterclaim of malicious desertion against the Appellant. The principle reaffirmed that the burden lies on the alleging party to prove desertion on a balance of probabilities. Reliance was placed on the lack of corroborative evidence from the Appellant and credible evidence, including witness testimony and proof of abuse and financial neglect, presented by the Respondent. The decision upheld that the Respondent was entitled to a decree of divorce and alimony, wit