Abdul Kareem Nizar vs. Inoka Uthpalani Kaluarachchie – SC APPEAL NO. 67/2021-2023

In the case between Abdul Kareem Nizar (Plaintiff/Appellant) and Inoka Uthpalani Kaluarachchie (Defendant/Respondent), the central issue addressed was whether sufficient evidence supported a declaration of malicious desertion by the Defendant, thereby justifying divorce. The proceedings analyzed the factual chronology of the marriage, including the seismic shift in the parties’ cohabitation in October 2011 and subsequent separated living arrangements. The findings established that the Defendant’s departure from the matrimonial home constituted deliberate repudiation of marital obligations without legal justification. The appeal challenging the High Court’s conclusion was dismissed. The court reaffirmed that, under established legal precedent and statutory interpretation, both the physical