Soji Cherian vs Diana Francis

A. Muhamed Mustaque, J

This review is filed at the instance of the respondent in the Mat. Appeal. The appeal was disposed of on merits after perusal of records and hearing the appellant. The learned counsel for the review petitioner/respondent sought several adjournments and remained absent on two occasions. However, this Court, after perusing the judgment, allowed the appeal on merits. Thereafter, review has been filed pointing out the error apparent in the judgment.

We heard the learned counsel for the review petitioner at length. We were prepared to review the judgment, if it warrants, on merit. However, nothing has been pointed out which requires fresh consideration on merit. We shall briefly advert to the contentions raised by the review petitioner.

According to the review petitioner, observations made by this Court in paragraph 4 and 5 are on erroneous appreciation of facts. It is submitted that the review petitioner-husband was working in Qatar at the time of marriage. It is also stated that the passport in his possession would clearly show that he was working in Qatar. We find that no evidence has been adduced by the review petitioner before the Family Court or before this Court to prove that he was employed in Qatar. We also found in the judgment under review that the respondent-wife resigned her job from Saudi Arabia on a promise made to her that she will be taken to Qatar, where the review petitioner - husband was working. That never happened. It is in this context, this Court observed that fraudulent promise was the root cause for the marital dissolution. In the absence of any evidence being produced before the Court, we are not inclined to review the above findings.

The next ground for review is that this Court erred in finding that the review petitioner was not interested in having sex. It is pointed out that the respondent became pregnant and later aborted the pregnancy. In fact, this Court had referred to the testimony of the respondent-wife and found that the review petitioner-husband had forsaken sexual relationship and gave preference to spiritual affairs. We see no reason to review these findings as the testimony of the respondent-wife is credit-worthy to hold such findings. There exists no ground for reviewing the findings of facts as above. We summoned the parties before this Court. The respondent-wife was firm in her decision to dissolve the marriage, though the review petitioner submitted before this Court that he is prepared to live with the respondent-wife. The parties are living separately for the last more than 8 years. We find no reason to review the judgment. Accordingly, the review petition is dismissed. No order as to costs.