Galhenage Don Shervin Stanistas v. V. Dona Ruby Diana Padmini Gunasekara – CA NO.516/2000-2016

In the case between Galhenage Don Shervin Stanistas (Plaintiff-Appellant) and V. Dona Ruby Diana Padmini Gunasekara (Defendant-Respondent), the court addressed the issue of whether the plaintiff was entitled to a divorce on the ground of the defendant’s malicious desertion and whether custody of the child should be granted to the plaintiff. The court held that, in the absence of appearances or written submissions from both parties during the appellate process, and pursuant to the Civil Procedure Code, the appeal would be abated without a determination on the merits or an order for costs. This decision reaffirmed the principle that appellate jurisdiction cannot be exercised where parties do not actively pursue their remedies, emphasizing the significance of procedural compliance under Secti