Balasingham v. Kalaivanay – sllr 1985 volume 2 page 008

In the case between Balasingham (Plaintiff) and Kalaivanay (Defendant), the court addressed whether, under section 5 of the Maintenance Ordinance, proof that a wife was “living in adultery” at any time after a maintenance order was sufficient to justify cancellation, or if ongoing adulterous conduct must be established at the time of an application for cancellation. The holding established that the statutory requirement mandates evidence of living in adultery at the precise time of the cancellation application. Citing relevant precedents and statutory interpretation, the court found that prior acts of adultery do not suffice unless proven to be continuing at the time material to the application. The maintenance order was preserved since no contemporaneous evidence of adultery was presented