DARAYAS CAWASJI BALSARA Vs. SHENAZ DARAYAS BALSARA

JUDGEMENT

(1.) THERE is a controversy between the parties as to whether M. P. Kania, J. (as he then was), had delivered his judgment in open Court on 31/07/1989 and it merely remained to be signed. The Hon'ble Mr. Justice M. P. Kania is now a Judge of the High Court of Allahabad. According to the learned Counsel for the Plaintiff, on 31/07/1989, the learned Judge had dictated his judgment in open Court. Mr. M. Janardhanan, Advocate for the Defendant, says that the judgment was not delivered by the learned Judge in the open Court. Miss. A. Rodrigues was the Registrar of Parsi Chief Matrimonial Court, Bombay, on that day and throughout the session which lasted upto 11/08/1989. In view of the above controversy, I have thought it fit to request Miss Rodrigues, who is now functioning as Deputy Official Assignee, to produce the primary record maintained by the Court in this behalf. In the Minute-book maintained by the Registrar Miss Rodrigues, it is recorded at page 78 as under :-

(2.) THE relevant part of the minutes reads as under :-"oral Judgment separately dictated. Issues are answered as follows :-"

(3.) MISS Rodrigues, as the Registrar of the Parsi Chief Matrimonial Court, Bombay, was required to prepare a statement giving particulars of disposal of matters by the Parsi Chief Matrimonial Court in that session where Decrees for Divorce were granted. A copy of the said statement prepared by Miss Rodrigues in the ordinary course of her duties as Registrar forming part of the Court record is shown to me. The relevant extract pertaining to the subject-matter of the present controversy reads as under :-