064-NLR-NLR-V-46-EDWIN-PERERA-Appellant-and-BISSO-MENIKA-Respondent.pdf

When she filed the present action for maintenance, the defendant onwhom the summons could not be served for three months seized theopportunity to file an action for divorce stating that she had committedadultery with one Ekanayaka. He says he based that allegation on aletter D 2 and two envelopes D 1 and D 3 discovered by him. The applicantfiled answer immediately denying the allegations made against her andstating that the respondent 'jvas living in adultery with Bandara Menike-The defendant, thereupon, withdrew the divorce action, as,- he says, he“ wanted to contest tins case ”. It is difficult to understand the reasongiven by the defendant for withdrawing the action especially in view of thefact that he filed the divorce action after the institution of the presentproceedings against him. In the present action he persisted in alleging
wM KVBWAKnBWB J.—Suppiah PaUe and Samarakone.
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that the applicant was “ intimate with Ekanayaka He made noeffort to prove the genuineness of Dl, D2 and D3. I think the Magistrateis right in holding that Dl, D2 and D3 have been fabricated.
I do not think that the defendant has been honest in his invitation
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to the applicant to go back to him but has made that offer with the soleobject of escaping his obligation to maintain her. Moreover, I think the.applicant has sufficient reason within the meaning of section 4 of theMaintenance Ordinance for refusing to live with the defendant especiallyIn view of the baseless charge of adultery made against her in the divorceaction and repeated in this case.
I dismiss the appeal.
Appeal dismissed.