Nihal Ignatius Perera v. Ajantha Perera nee Seneviratne – sllr 1991 volume 1 page 313

In the case between Nihal Ignatius Perera (Plaintiff) and Ajantha Perera née Seneviratne (Defendant), the court considered the implications of a plaintiff’s withdrawal of a divorce action and the defendant’s right to proceed with a counterclaim for divorce under section 603 of the Civil Procedure Code. The sequence of events involved the plaintiff initiating divorce proceedings on the grounds of malicious desertion, the defendant counterclaiming for divorce, and the plaintiff subsequently withdrawing the action after failing to comply with an order for alimony pendente lite. Despite the withdrawal, the District Court permitted the defendant to continue the counterclaim, resulting in the plaintiff’s revision application challenging the orders made on 27.2.91 and 11.6.91. It was held that th