Guneshi Mallika Gomes v. Jammagalage Ravindra and Ratnasiri Gomes (aka. Gomes vs Gomes) – SC APPEAL NO. 123/14-2018

In the case between Guneshi Mallika Gomes [nee Gunawardena] (Plaintiff-Appellant) and Jammagalage Ravindra Ratnasiri Gomes (Defendant-Respondent), the court addressed the issue of whether the defendant was guilty of constructive malicious desertion sufficient to ground a divorce under the Marriage Registration Ordinance. It was held that the evidence did not establish that the marital relationship had irretrievably broken down following the alleged incident on 07th July 2001, nor was there sufficient proof that the parties had ceased cohabitation with the requisite intent to desert. The court reaffirmed the principle that both the factum of separation and animus deserendi must be proven for malicious desertion. Reliance was placed on statutory requirements, judicial interpretations, and ca