Pushpakumara v. Marmet and Another – sllr 2003 volume 2 page 244

In PUSHPAKUMARA v. MARMET AND ANOTHER, the matrimonial dispute between Pushpakumara (plaintiff-respondent) and Marmet (1st defendant-appellant), with the 2nd defendant-respondent, concerned the grant of divorce, permanent alimony, and damages, based on allegations of malicious desertion, constructed as constructive malicious desertion, and adultery. The lower court’s decree granted the requested relief after assessing evidence that included admissions, correspondence, and circumstantial facts. On appeal, the sufficiency of the evidence, the adequacy of the issues under section 146(2) of the Civil Procedure Code, and the application of evidentiary presumptions under section 114 of the Evidence Ordinance were examined. The appellate court upheld the lower court’s decision, emphasizing that i