Jayawardane vs Priyashani – sllr 2008 volume 1 page 184

In the case of Jayawardane (plaintiff-petitioner) v. Priyashanie (defendant-respondent), the court addressed the issue of whether, under Section 605 of the Civil Procedure Code, a decree nisi may be made absolute irrespective of which party the divorce was granted in favor of, and whether refusal to make the decree nisi absolute after the statutory period elapsed was appropriate when Section 605 extends benefits to either party. The District Court had previously granted divorce in favor of the defendant, awarding custody but not alimony. The plaintiff then sought leave to appeal the District Court’s refusal to convert the decree nisi into an absolute decree. The court held that the refusal was improper, set aside the District Judge’s order, and directed that the decree nisi be made absolut