Dissanayake Mudiyanselage Malani Dissanayake Vs. Hapuwalanage Don Edward – CA RI 17/2018-2018

In the case between Hapuwalanage Don Edward (Plaintiff) and Dissanayake Mudiyanselage Malani Dissanayake (Defendant), the court addressed whether restitution in integrum or revision should be granted to set aside consent judgments arising out of a divorce action, on grounds of constructive malicious desertion, adultery, and a related property dispute, following a formal settlement. It was held that neither restitution nor revision was justified, given the voluntary and informed nature of the consent reached, the full execution and acceptance of settlement benefits by the Defendant, and the absence of fraud, duress, mistake, or exceptional circumstance. The principle reaffirmed is that consent judgments, particularly those recorded after due compliance and without evidence of extraordinary

REF: CA RI 17/2018-2018 Category: Tag:
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