:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 837 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.S.M.Sabrad, Adv. for the petitioners. Mr.Harshad N.Mirashi, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 15TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The Writ Petition impugns an order dated 14.12.2007 below Exhibit-21 in Petition A-1357 of 2004. 2. The petitioner is the Husband who has instituted the above proceedings in the Family court at Bandra against the wife. During the course of the proceedings, he applied that some original document be allowed to be placed on record, zerox copy of which is already filed. :2: :2: :2: 3. The Application was resisted by the wife and the Trial Court has observed that documents were filed on 27.7.2006 and Affidavit-in-lieu of evidence was filed by the Husband on 7.2.2007. 4. In my view, perusal of the impugned order shows that a very inconcous request of the Husband has been treated and disposed off by upholding a strange technical objection. If the zerox copy is taken on record, then what prevented the husband from filing the original earlier and his explanation that they are now traced has not been believed by applying this logic. To my mind, the Trial Court should have taken on record the original document, zerox copy of which is filed and taken on record earlier. Only such xerox copies which are placed on record and originals of which have been traced and now sought to be tendered should form subject matter of this order. Accordingly, zerox copies of some of the documents been taken on record, originals of :3: :3: :3: only such documents would now be allowed to be placed on record by the Trial Court and the matter will be proceeded on merits and in accordance with law. The order dated 14.12.2007 is quashed and set aside and the Husband’s Application, Exhibit-21 is allowed to this extent. 5. In addition, the Greeting Card referred at Item No.7 at page no.58, if placed in original, then, the same may also be taken on record. However, no further documents will be allowed to be tendered by the Respondent either in original or in zerox. 6. Mr.Sabrad, states that the arrears of maintenance, if any, shall be cleared as early as possible and within a period of two months from the date of the receipt of this order. The Trial Court to take notice of this statement as well and in default pass further orders on the request of the wife with regard to monthly maintenance. :4: :4: :4: 7. Petition allowed in above terms. No costs. sd/-