2nd Part

WORKSHOP ON PLEADINGS
Drafting of Answer

Presented
by
P Navarathnarajah & Sethukavaler Memorial Foundation

For Law Apprentices

on

6th August

at Faculty of Graduate Studies, University of Colombo

From 10.15am to 11.30am

The summons and plaint served on the 1st and the 2nd Defendants and the Statement of
facts elicited from the 1st and the 2nd Defendants by their respective Attorneys-at-Law
at consultations had by them are annexed. Names and addresses given in the statement
are fictitious and do not refer to any person in living or not in living

Law Apprentices who are participating in this Workshop are requested to consider
whether any further particulars should be obtained from their respective clients or
whether any further steps should be taken and draft the respective Answers that should
be filed and be prepared to discuss the draft Answers at the Workshop.

Please bring the Civil Procedure Code with you and retain the material provided and
the notes, documents and drafts for the workshops that follow on the drafting of Lists
of Witnesses & Documents & Issues. Please note pleadings should be filed in
Court in Sinhala or Tamil, though drafts are provided to the Law apprentices in
English for the purpose of the workshop.

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 IN THE DISTRICT COURT OF COLOMBO

Mr. Peter Perera of

No.1200, Ward Place, Colombo 08.
PLAINTIFF
No: 00000/D
vs.
Nature: Divorce
1. Mrs. Dorothy Perera (nee Silva) of
No.1200, Ward Place, Colombo 08.
Value:
2. Daniel Rajapakse of
No.1000, Horton Place, Colombo 07.
Procedure: Regular
DEFENDANTS

On this ______ day of ………….. 2022.

The PLAINT of the Plaintiff above-named appearing by _______________________

his Registered Attorney, states as follows:

1(a) The Plaintiff and the Defendants reside at the respective addresses aforesaid at
Colombo within the local limits of the jurisdiction of this Court.

(b) The causes of action herein after set out have arisen at Colombo within the
local limits of the jurisdiction of this Court.

2(a) The Plaintiff married the 1st Defendant in Colombo on 15th March 2000. A true
copy of the certificate of marriage is annexed marked “A” and pleaded as part
and parcel of this plaint.

(b) By the said marriage, the Plaintiff and the 1 st Defendant have four children, a
son Sampath Perera and three daughters, Sonia Perera, Sriyani Perera and
Swarna Perera, aged 21, 19, 17 and 14 years respectively. True copies of their
Birth Certificates are annexed marked “B”, “C”, “D”, and “E” respectively and
pleaded as part and parcel of this plaint.

3. At the time of the marriage the Plaintiff was employed as an accountant in

Hongkong. In or about 2001, the Plaintiff got down the 1 st Defendant and his
son to Hongkong to live with him there. In 2011 the 1 st Defendant returned to
Sri Lanka with the children.

4. In or about the year 2012 the Plaintiff purchased out of his earnings, the land
and built a house and annex at premises No.1200, Ward Place, Colombo 08.

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5. The 1st Defendant and the children lived in the main house at the said premises
and the annex was given on rent.

6. The Plaintiff gave up his employment in Hongkong and returned to Sri Lanka
in July 2017, when he came to know that the 1 st Defendant was having an
intimate relationship with the 2nd Defendant, which is more fully pleaded
hereinafter.

FOR A FIRST CAUSE OF ACTION AGAINST THE 1ST DEFENDANT

7. The Plaintiff is living in his house at No.1200, Ward Place, Colombo 08, with
his children. The 1st Defendant has refused to have a marital relationship with
the Plaintiff since his return to Sri Lanka and is living in a separate room in the
same premises since August 2019.

8. The 1st Defendant has refused to give up her intimate relationship with the 2 nd
Defendant and live a matrimonial life with the Plaintiff. The 1 st Defendant has
neglected the Plaintiff and the children, her household duties, and her
matrimonial obligations to the Plaintiff, since July 2017.

9. All attempts by the Plaintiff to reconcile with the 1 st Defendant and save his
marriage with the 1st Defendant have failed and no reconciliation is possible.

10. In the premises aforesaid, a cause of action has accrued to the Plaintiff to
obtain a divorce from his bond of marriage with the 1st Defendant on the
ground of malicious desertion by the 1st Defendant.

FOR A SECOND CAUSE OF ACTION AGAINST THE 1ST DEFENDANT

11. The 1st Defendant is continuing her intimate relationship with the 2 nd Defendant
and has to the knowledge of the Plaintiff committed acts of adultery with the
2nd Defendant at ________ hotel on ______ , _______ , ________ and
________ .

12. In the premises aforesaid, a cause of action has accrued to the Plaintiff to
obtain a divorce from his bond of marriage with the 1st Defendant on the
ground of adultery by the 1st Defendant with the 2nd Defendant.

13. In the premises aforesaid, the Plaintiff states that it is in the best interests of the
minor children that custody of the minor children be granted to him.

FOR A CAUSE OF ACTION AGAINST THE 2ND DEFENDANT

14. The Plaintiff reiterates the averments pleaded above and states that the 2 nd
Defendant has by his said wrongful acts of adultery with the 1 st Defendant,
broken the marriage of the Plaintiff, destroyed the family life of the Plaintiff

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 and his children, and caused the Plaintiff loss of consortium of his wife, pain of
mind and loss of a lucrative employment.

15. The 2nd Defendant has thereby caused loss and damage to the Plaintiff, which
the Plaintiff estimates at Rs. _______ .

16. In the premises aforesaid, a cause of action has accrued to the Plaintiff to
recover from the 2nd Defendant damages in a sum of Rs. _______ with interest
and costs, which said sum or part thereof the 2 nd Defendant has failed and
neglected to pay the Plaintiff though thereto demanded.

WHEREFORE the Plaintiff prays :-

(a) for a divorce from the 1st Defendant a vinculo matrimonii;

(b) for interim and permanent custody of his minor children, his daughters, Sonia
Perera, Sriyani Perera and Swarna Perera.

(c) for judgement against the 2nd Defendant in a sum of Rs. ________ with legal
interest thereon from date hereof to date of decree and thereafter with further
legal interest on the aggregate sum adjudged from date of decree till payment
in full;

(d) for costs; and

(e) for such further and other relief as to this Court shall seem.

REGISTERED ATTORNEY FOR PLAINTIFF

Documents filed with the Plaint

1. A true copy of the marriage certificate marked “A”

2. True copies of the birth certificates of Sampath Perera, Sonia Perera, Sriyani
Perera, and Swarna Perera marked “B”, “C”, “D” and “E”.

REGISTERED ATTORNEY FOR PLAINTIFF

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Facts obtained from Mrs. Dorothy Perera by her lawyer at a consultation held on …

Address:
Contact No:

Mrs. Dorothy Perera is 43 years old. She is residing at No.1200, Ward Place,
Colombo 08.

Mrs. Perera married Mr. Peter Perera on 15 th March 2000 at the Oberoi Hotel in
Colombo. It was an arranged marriage. Her father has her marriage certificate. Her
parents are living. They are at No.800, 5th Lane, Kollupitiya. Her father’s name is Mr.
Simon Silva .

Mrs. Perera has a son and three daughters. Sampath born on 04 th February 2001, Sonia
born on 15th October 2003, Sriyani born on 02nd August 2005, and Swarna was born
on 01st January 2008. Her husband has their birth certificates. Her son was born in
Colombo. Her daughters were born in Hongkong.

After the marriage, Mr. Perera went back to Hongkong. He sent her an air ticket from
there and she went in 2001 to live with him in Hongkong. Her last three children were
born in Hongkong. All her children had their early education in Hongkong. They lived
in Hongkong till 2011. She felt lonely in that crowded city. She also felt that the
children should grow up in Sri Lanka and so she returned in 2011 with the children.

Mrs. Perera says premises No.1200 was bought out of her money. They had a joint
bank account. At the time of the marriage, her father gave her money, which was put
into the joint bank account. The house too was built with her balance money. The
money her husband sent was used for expenses. She says she has bank deposit slips
and other documents to prove this.

Mrs. Perera says that her husband is a very suspicious person. He is not social. He
likes to be by himself. He is imagining that she is having an affair with Mr. Daniel
Rajapakse .

Mr. Daniel Rajapakse is interested in her eldest daughter, Sonia. He is a past pupil of
the International Mixed School in which her children studied. Her last two daughters
were taken away from that school only a year ago and are now studying in another
International Girls School. Mr. Rajapakse should be about 22 years old. She came to
know him when she met him during school activities. He is a friendly person. Mr.
Rajapakse’s father has a financial interest in the school and Mr. Rajapakse is very
much involved in school activities and has spoken to her on the phone about school
activities. They have had no intimate relationship as alleged. They have gone to the
hotel close-by to the school to have short eats and to the snack bar again close-by to
the school to have cool drinks. He has come home regarding school activities, but
really to see her daughter.

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Mrs. Perera says that her husband has abused and insulted her in the presence of her
children and relations. He is addicted to liquor. He has assaulted her on a number of
occasions. His mother and unmarried sister encourage him. She, therefore, began to
live in a separate room from about August 2019. She avoids him to keep the peace.

Mr. Perera does not give sufficient money to her for household expenses and neglects
her and the children. He used to send the equivalent of Rs. ___ a month. She uses the
annex rent.

Mrs. Perera wants a divorce. She wants custody of her children. She says her husband
is often drunk and is not fit to have custody of the children. She wants to retain the
property purchased with her money.

Facts obtained from Mr. Daniel Rajapakse by his lawyer at a consultation held on …
Address:
Contact No:

Mr. Daniel Rajapakse is residing at No.1000, Horton Place, Colombo 07. He took
oaths as an attorney-at-law a year ago. He is 24 years old, now. He is not married. His
father is a manufacturer and exporter of garments. He also has a share in the
International School. He looks after his father’s interest in the school.

Mr. Rajapakse denies that he had an intimate relationship with Mrs. Dorothy Perera
and says the allegation is false. He says he was interested in her daughter, Sonia.

Mr. Rajapakse studied for his Advanced Level in the International School. Mr.
Perera’s son and daughters too studied in this school. Mr. Rajapakse, after he left
school, started a number of social and sports activities in the school, because the
school was lacking in it earlier. Mr. Rajapakse met Mrs. Perera at social events and
sports meets organized by him. She too was keenly interested in helping in these
school activities. Through her, Mr. Rajapakse met her eldest daughter Sonia and
became friendly with her. Mrs. Perera seemed to welcome this. Mr. Rajapakse has
taken Mrs. Perera and her eldest daughter out to the snack bars and hotels close by. He
has gone to Mrs. Perera’s house to get their help for the school activities and to see
Sonia.

Mrs. Dorothy Perera has introduced Mr. Rajapakse to her husband Mr. Peter Perera at
the swimming meet in August 2011, after he returned from Hongkong. Mr. Perera was
rude and appeared to dislike Mr. Rajapakse. Mr. Rajapakse says that Mr. Perera
should know that he is interested in Mr. Perera’s eldest daughter and perhaps Mr.
Perera does not like it. Mr. Perera does not get on well with his family. Mr. Perera is
now in need of money. Mr. Perera wants to grab his wife’s property and get money
from Mr. Rajapakse by filing this false case. Mr. Rajapakse is not happy to have Mr.
Perera as his father-in-law.

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This false case has caused Mr. Rajapakse a lot of pain of mind. It has affected his
relationship with his parents, friends, and relations. Mr. Rajapakse wants to counter-
claim damages for filing a false case and damaging his reputation.

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