1st Part

WORKSHOP ON PLEADINGS
Statement of Plaintiff

Presented
by
P Navarathnarajah & Sethukavaler Memorial Foundation

For Law Apprentices

on

6th August

at Faculty of Graduate Studies, University of Colombo

From 9.00am to 10.00am

Statement of facts elicited from the Plaintiff by his Attorney-at-Law at consultation

had by him, is annexed. Names and addresses given in the statement are fictitious and
do not refer to any person living or not living.

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

Please bring the Civil Procedure Code with all amendments especially Civil Procedure
Code Amendment Act No. 8 of 2017 with you and retain the material provided and
the notes, documents, and drafts for the workshops that follow on the drafting of
Answers, Lists of Witnesses & Documents & Issues.
Facts obtained from Mr. Peter Perera by his lawyer at a consultation held on 10 th May
2022

Contact No.
Address:

Mr. Peter Perera is 47 years old, now. He is residing at No.1200, Ward Place,
Colombo 08. He married Mrs. Dorothy Perera (nee Silva) on 15 th March 2000 at the
Oberoi Hotel in Colombo. She is 43 years old, now. It was an arranged marriage. He
has the marriage certificate.

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

Mr. Perera was employed as an accountant in Hongkong, at the time of his marriage.
After his marriage, he went back to Hongkong and got down his wife in 2001. She
lived with him in Hongkong till 2011. She did not like Hongkong and came back to
Colombo with their children in 2011. He followed her a month later but had to get
back to Hongkong within a month, as he was employed there.

Mr. Perera came home to Colombo every year for a month on leave. He sent his
children to the International School at Colombo. He purchased a Toyota Corona
luxury vehicle for the use of his wife and children. In 2012, when he came to Sri
Lanka he purchased the land at No.1200, Ward Place, and after he returned he sent the
money to build the house where they now live and also the annex. They had a joint
bank account, into which they put the money her father gave at the time of marriage.
The rental income from the annex was used for household expenses. The money her
father gave is still in the joint bank account.

When Mr. Perera was in Hongkong he received information that his wife was having
an affair with one Mr. Daniel Rajapakse. He gave up his employment and returned to
Colombo in July 2019. He is now a management consultant and earns Rs.80,000.00 a
month. He was earning the equivalent of Rs.300,000.00 a month, while he was
employed in Hongkong.

When Mr. Perera came back to Colombo he found a change in his wife’s attitude and
in her relationship with him. He questioned her about her changing ways. These led to
arguments. She avoided any intimate relations with him. She chose to live in a
separate room on the same premises from about August 2019. She began to neglect
her household duties.

Mr. Perera kept a watch on her movements. She was meeting Mr. Rajapakse and
going to hotels and other places with Mr. Rajapakse very often. When he was not at
home, Mr. Rajapakse sometimes came home with her and at other times visited her.

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He has particulars of some of their visits to hotels and has also recorded a phone
conversation, which shows that they were having an intimate relationship.

For the sake of the children, Mr. Perera warned her several times to stop what she was
doing. He sought the assistance of her parents Mr. and Mrs. Silva. He also warned Mr.
Rajapakse, not to break his marriage. It was of no use. Mr. Rajapakse is much junior
to her, maybe about 24 years old. He is a lawyer and the son of a prosperous
businessman. He is residing at No.1000, Horton Place, Colombo 07.

Mr. Perera says his children are affected badly by this. He has sent his son to the
United States for further studies. His last two daughters are still schooling at an
International Girls School.

Mr. Perera wants custody of his children. He has his mother and sister to help him. He
says that his wife is not the proper person to have their custody of. He wants a divorce
from his wife. He wants damages from Mr. Rajapakse for breaking-up his marriage
and ruining his family.

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