Ratnayake vs. Ashokamala – SC /APPEAL NO. 116/2015-2023

In the case between Patadendi Gedara Ratnayake (alias Kumbukgolle Gedara Ratnayake) and Kumbukgolle Gedara Ashokamala, the court addressed the issue of whether sufficient evidence existed to establish constructive malicious desertion in the context of matrimonial relations. It was held that the evidence did not establish that the appellant was guilty of constructive malicious desertion, and therefore, the previous judgment of the Civil Appellate High Court was set aside. This decision reaffirmed the principle that constructive malicious desertion must be established by clear evidence demonstrating hostile conduct and departure from the matrimonial home, supported by both admissions and witness testimonies. The court relied on the standards established for divorce and matrimonial fault unde