IN THE DISTRICT COURT OF COLOMBO

ANSWER

Kavitha Suthaharan

No.149/5, Galle Road,

Bambalapitiya, Colombo – 04
Case No. DDV/497/23
Plaintiff
Nature: Divorce
-VS-
Value: Rs.15, 000,000/-

Procedure: Regular Dhanaranjirajan Niranchan,

No.55A, Arasady Road,

Jaffna

AND NOW

Blk 123, Unit No.7 – 501, Yishum

Street 11, Singapore 760123

Defendant

On this day of 2024

The Answer of the Defendant above-named appearing by V.S. Niranchan Attorney – at

– Law states as follows;

1. The defendant denies all and singular the several averments of the Plaint save
and except and those that are hereinafter expressly admitted.

2. The defendant admits averments contained in paragraphs 1, 2 and 3 of the Plaint.

3. Answering the averments contained in paragraph 4, the defendant only admits

the Jurisdiction and denies the rest of the averment contained therein.

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4. The defendant admits averments contained in paragraphs 6, 7, 8, 9 and 10 of the
Plaint.

5. Answering the averments contained in paragraph 11, the defendant only admits
that his profession is Civil Engineer and he is working in Singapore and denies
the rest of the averment contained therein.

6. Defendant denies the averments contained in paragraphs 12 and 13 of the plaint

and states that Plaintiff was not doing any Job and was not left from any Job after
this marriage.

7. Defendant further states that Plaintiff’s dependent visa application rejected due
to her salary (financial status) was not fulfill the requirements to obtain the
applied dependent visa permit/license. However, the company which the
defendant was working was ready to provide a Job to the plaintiff, but the
plaintiff rejected the opportunity given by the said company. And defendant
further states that the plaintiff was in Singapore under visit visa and in every
occasion, she was travelling to Singapore, all needs of her including cost of
travelling, accommodation was look after by the defendant without any
shortage.

8. And in the Covid-19 time period, after travelling restrictions eased by the
country, Defendant arrived to Sri Lanka for support to plaintiff to go abroad
again to Singapore. And after get done everything including plaintiff’s visit visa
process, getting vaccination, get the permission to enter to Singapore, getting
arranges the air – tickets. However, after, all covid tests were done, Plaintiff
refused go abroad to the Singapore. Defendant further states that all expenses
incurred by the defendant for everything above-mentioned.

9. Defendant thoroughly denies the averment contained in paragraph 14 of the

Plaint and states that Plaintiff has stated imaginary facts by herself and
defendant further states that There was no any kind of strange behavior with the
defendant as stated in Plaint and states that Plaintiff was not doing any
housework when she was living with the defendant in Singapore.

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10. Defendant further states that he leaves from house for the job at 6.30am and he
come back home at 8.00pm. After he got back from work, he had to do all
housework without any kind of support from the Plaintiff.

11. And after defendant went for the job, Plaintiff was spending her time in social
Medias by talking with her mother, brother and relatives. And Defendant further
states that Plaintiff who came to Singapore for find a job was not giving any
single try to find a job.

12. Answering further, Defendant states that he was find an Online Course for
develop plaintiff’s skills and entered into the course, but plaintiff stopped
attending the course after few days.

13. And, Plaintiff stated before the marriage that she is an Information Technologist,
who seeking to do a job after marriage. However, she was not interested to do
any job or any housework after marriage. Therefore, Defendant was explaining
her several times about that without getting angry with her because defendant
wanted to protect the peace of his family. Most of the time defendant acted in
very calmly, but plaintiff was not caring of any advice given by him. Because of
that sometimes loss his patience, and had to scold to the plaintiff.

14. Defendant thoroughly denies the averment contained in paragraph 15 of the

Plaint and states that plaintiff stated imaginary facts in that paragraph and
defendant further states that Defendant was not doing any harassment or torture
to the plaintiff.

15. Defendant denies the averment contained in paragraph 16 and 17 of the Plaint
due to stated false facts and he states that when he contact the plaintiff via phone
calls, every time plaintiff and her mother insulting defendant and his family.
Therefore, Arguments ensued between them frequently.

16. And, Plaintiff was stating that defendant is not suits for her and therefore she
wants to divorce from him. After on defendant could not hold her nuisance, once
he told her that file a divorce case.

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17. Defendant denies the averment contained in paragraph 18 of the Plaint due to
stated false facts and states that defendant was not back to Sri Lanka after 2019
for two years because there were travel restrictions for moving among countries
and at that time period most of the people lost their jobs in covid-19 time period
and defendant did not want to lose his job. Therefore, defendant had to stay in
Singapore for doing his job. However, after travel restrictions were released,
defendant was giving his support and effort to bring the plaintiff to the
Singapore but she ignored it.

18. And After 2 years, on or before 01st of January 2022, Defendant came back to Sri
Lanka and he went to Plaintiff’s house and at that time Plaintiff and her mother
was not letting him to even enter to the house saying that they could be infect to
the covid-19 virus. Due to that Defendant had to stay at hotels and rental houses.
When he was visiting to plaintiff, he had to stay outside of the house of plaintiff
and most of the time she was talking with him from coming to the balcony only.

19. Defendant thoroughly denies the averment contained in paragraph 19 and 20 of

the Plaint due to stated false facts and states that defendant was doing in very
patience and was think and keep hopes that plaintiff’s attitudes and behavior
will be change and his purpose was to protect his family life without ruined.
However, Expected change by the defendant from her was not happened and
due to that defendant was very disappointed.

20. Defendant denies the averment contained in paragraph 21 of the Plaint and
states that in every time, only he was spending all expenses for her when she
travels to Singapore from Sri Lanka and going back to Sri Lanka including
travelling cost, accommodation, foods, clothes and etc. An in addition, defendant
has given money for her maintenance by hand as well as deposited money
thorough bank. Accordingly, defendant has given more than 35 Lakhs rupees to
the Plaintiff.

21. And defendant states that he gifted 15 lakhs valued diamond necklace to plaintiff
for her birthday on 14.02.2022.

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 22. Defendant thoroughly denies the averment contained in paragraph 22 of the
Plaint and states that Defendant traveled to Sri Lanka for the purpose to take
plaintiff to Singapore on or about 20th day January 2024 and after completed all
the steps including vaccination, obtaining license/permission to enter to the
Singapore, reserving air tickets and after all covid-19 tests were done, plaintiff
refused to go abroad without saying any reason and therefore, only he had to
abroad on 20.03.2022. And he was very disappointed by the actions of the
plaintiff and she was intentionally done it and she had no any idea to build up
the family life. Therefore, she refused to go abroad with the defendant.

23. And, despite Every attempts were done by the defendant to living together with
the her, his family life was too broken to be rebuilt because of the misbehavior of
her like insulting to defendant and started spreading rumors about defendant
among relatives and friends.

24. According to the facts above mentioned, it is seems to be plaintiff should be

guilty for the matrimonial offence of constructive malicious desertion and As to
be seems from this plaint, defendant was not leaving the plaintiff maliciously in
no case, and therefore, defendant states that this plaint has filed when no any
cause of action raise against the defendant and due to that there is a cause of
action to the defendant against the plaintiff for grant divorce.

25. Defendant thoroughly denies the averments contained in paragraphs 23, 24, 25,
26, and 27 of the Plaint and states that plaintiff had no any purpose to continue
peaceful family life with him and even there was no any purpose to build up and
develop her family life. Therefore, defendant states that actions of the plaintiff
were the initiative subject for matters between them.

Overall to the Plaint, the defendant states as follows;

26. Plaintiff and her family members were doing as to bring disrespect for the
defendant and his family and there was no any privacy between the plaintiff and
defendant. When she was living in Singapore, she tells everything to his mother
and brother via phone and when she was living in Sri Lanka by the times of
defendant speaks with her via phone, she was turn on the speaker mode as her
mother can listen too. And sometimes, she adds her brother to calls. Because of
that defendant had no any freedom to speak with the plaintiff in private.

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27. Defendant states that Plaintiff started to spread rumors about the defendant
saying that he has some health issues. Once, defendant was forcedly taken to
meet a Gynecologist but the Medical test proved that the defendant had no any
health issues.

28. Defendant further states that Plaintiff has no right for reliefs prayed in the Plaint
because their marriage life was disrupted by the plaintiff not by the defendant as
mentioned above and defendant unable to pay that much of money as
mentioned in the Plaint and Defendant is not bound by the law to pay sum
money without doing any fault.

29. Defendant states that as he mentioned – above, his marriage life has become
very sad life because of misbehaviors of the plaintiff and her relatives, allegations
against the defendant by them day by day and problems & issues made by them.
And because all of them, on increasing his mental pain, he had to face financial
losses and damages because his inner peace which needs for private &
professional life was gravely damaged and could not archive any progress or
success in professional level.

30. Defendant further answering and states that defendant tried to keep and protect
his marriage life but plaintiff was not given any response for that. And his
marriage life has broken because of the plaintiff. And states that therefore, a
cause of action has risen to the defendant against the plaintiff for grant divorce
on the plaintiff’s influence.

31. Whereas, a cause of action has risen to the defendant whose ruined his life due to
plaintiff’s actions against the plaintiff for grant Rs.15, 000,000/- as a permanent
alimony.

32. Defendant states that he has a cause of action to get back the wedding pendant
(මංගල තැල්ල), wedding ring and diamond necklace which was gifted by the
defendant on 14.02.2022 as a birthday gift.

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WHEREFORE, the Defendant prays that Your Honours’ Court be pleased to;

a) Dismiss the Plaint and reliefs on the prayer of the plaint

b) Judgment and Decree be entered in favor of the Defendant be grant vinculo

matrimonii divorce against the Plaintiff on constructive malicious desertion of
the Plaintiff

c) Judgment/Order be grant Rs.15,000,000/- as a permanent alimony to the

defendant whose ruined his life due to plaintiff’s actions against the plaintiff

d) Judgment/Order is grant to take back the wedding pendant (මංගල තැල්ල),

wedding ring and diamond necklace which was gifted to the plaintiff by the
defendant on 14.02.2022 as a birthday gift.

e) Judgment/Order be grant Eight hundred thousand rupees (Rs.800,000/-)

from the Plaintiff as expenses which are spends by the Defendant for travel to
Sri Lanka from Singapore and accommodation and foods for this case due to
the case has filed by the Plaintiff.

f) Cost of this action and/or interest in cost; and

g) Such other and further reliefs as to Your Honours’ Court shall seem meet.

Attorney – at – Law
for the Defendant

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