Pathmanayaky v. Mahenthiran – sllr 2003 volume 3 page 241

In the case between Pathmanayaky and Mahenthiran, the court addressed the issue of whether non-consummation and prolonged non-cohabitation constitute grounds for divorce under section 608(2)(b) of the Civil Procedure Code. The decision established that, even when separation exceeds seven years, the existence of matrimonial fault must be proven to obtain a divorce. The findings relied on established case law, including Muthuranee v Thuraisingham, Tennakoon v Somawathie Perera alias Tennakoon, Wijeratne v Wijeratne, and H. John Perera v H. Mattupall, emphasizing that persistent refusal to consummate a marriage amounts to a matrimonial offense. The holding reaffirmed that judicial dissolution is justified where evidence demonstrates both non-cohabitation and willful refusal to consummate marr