HAVOVI KERSI SETHNA Vs. KERSI GUSTAD SETHNA

JUDGEMENT

(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 C Ds. 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 C Ds. 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 C Ds as well as the transcript. These are the documents referred to by the husband in paragraph 22 of his written statement. The reference runs thus:

(3.) The wife has neither admitted nor denied the conversation. The husband seeks to use it in her crossexamination.