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2011 Supreme(Bom) 108

ROSHAN DALVI
Havovi Kersi Sethna – Appellant
Versus
Kersi Gustad Sethna – Respondent


Advocates appeared:
For the Plaintiff:Narayan Suvarna i/by Mrs. Ansuya Dutt, Advocates.
For the Defendant:Ms. Taubon F. Irani, Advocate.

JUDGMENT :

1. Parties are wife and husband. The Petition for divorce between the parties and other ancillary reliefs is pending trial. The wife, who is the Petitioner, is under cross-examination. The husband relies upon certain handwritten diaries of the wife as well as Compact Disk (CD) on which conversation between the wife and the husband has been recorded by the husband on certain dates. The husband has produced the transcript of the said conversation. The husband has applied for verification of the handwriting of his wife in the diaries and the voice of the wife in the taped conversation on the CDs. The wife admits the handwriting in her diaries. That can be produced in evidence. Hence the husband does not press the relief in that behalf. Aside from the diary, there is one line written by the wife on a certain menu of her catering service which is also admitted by the wife.

2. The parties are at dispute with regard to the taped conversation on the CDs. The husband has not yet filed his affidavit of documents. He has, therefore, not relied upon any specific document. The husband has, however, served upon the wife inter alia the CDs as well as the transcript. These are the docume























































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