IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA GUNESHI MALLIKA GOMES [nee GUNAWARDENA] V. JAMMAGALAGE RAVINDRA RATNASIRI GOMES Law of Divorce - Marriage Registration Ordinance No. 19 of 1907 - “malicious desertion” - “consortium” - factum of physical separation and animus deserendi To sum up, the decisions cited above indicate that, some of the aspects of the constituent elements required to establish `malicious desertion’ are: (i) With regard to the factum [fact] of malicious desertion: in the case of simple malicious desertion, the deserting spouse, should have deliberately and without being compelled to do and also without sufficient cause being given by the deserted spouse, left the matrimonial home or ceased cohabitation, against the wish of the deserted spouse; and, in the case of constructive malicious desertion, the deserting spouse should have deliberately and without being compelled to do ...