Tennakoon v Somawathie Perera alias Tennakoon – sllr 1986 volume 1 page 090

In Tennekoon (the husband, plaintiff-appellant) v. Somawathie Perera alias Tennekoon (the wife, defendant-respondent), the Supreme Court considered whether a seven-year separation constitutes a sufficient statutory ground for divorce under section 608(2) of the Civil Procedure Code and whether the applicant must establish absence of matrimonial fault. The trial court initially granted a divorce based solely on seven years’ separation, but the Court of Appeal set aside this decision, requiring proof of one of the traditional grounds under the Marriage (General) Ordinance. On appeal, it was determined that section 608(2) must be interpreted to permit relief only to the innocent spouse, in accordance with prevailing common law principles and the context of statutory amendments, thereby reaffi