Nilanthie Siriwardane vs Krishantha – sllr 2008 volume 2 page 281

In the case between Nilanthie Siriwardane (Plaintiff) and Krishantha (Defendant), the central issue concerned the sufficiency of alleging malicious desertion in divorce proceedings, particularly where the pleadings failed to specify an exact or probable date of desertion. It was concluded that the foundation for the desertion claim was fatally deficient due to the vagueness in pleadings and the subsequent admission of evidence not originally claimed, thereby distorting the dispute and undermining the credibility of the claim. Reference was made to the proper role of pleadings, evidentiary standards, and the principle that desertion requires clear, specific factual grounding, reaffirming that altering or supplementing the case through evidence is impermissible. The decision was grounded in

REF: sllr 2008 volume 2 page 281 Category: Tag:
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