Ajith Kulatunga v. Shiromala – sllr 2001 volume 2 page 108

In the case between Ajith Kulatunga (Plaintiff) and Shiromala (Defendant), the court addressed whether a decree of divorce could be granted in a matrimonial action that initially sought a declaration of nullity, given evidence of the complete breakdown and non-consummation of the marriage. It was determined that, despite the original pleadings focusing on nullity, the inclusion of a prayer for divorce enabled judicial discretion to grant a divorce based on constructive malicious desertion. The decision reaffirmed the principle that substantive relief may be granted when the facts support such a remedy, even if the primary relief sought was different. The ruling relied on established principles regarding constructive malicious desertion and case law allowing flexibility in matrimonial adjud