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16. The decision in the case of Ziyauddin Burhannuddin Bukhari (supra) relied upon by the learned advocate Mr. Amin, the speeches in the course of election campaign was the subject of decision where the Court has observed that the particulars of speeches made by the appellant were given in great detail in the statements annexed to the petition with necessary affidavit. To note with a presumption that if objection on the ground of insufficient particulars is actually given up by a party so that an issue actually formed on it is not tried, the party could have suffered no disadvantage from alleged want of further details which are really matters of evidence. It was observed that the law does not require the whole evidence to be set out with the petition in the form of particulars. Here in the present NEUTRAL CITATION R/CR.RA/1243/2023 JUDGMENT DATED: 16/07/2024 undefined matter, the petitioner has set out the details of the conversation that has been recorded in the CD in the transcript form. The Court by way of transcript has been appraised of the conversation that took place between the petitioner as a wife and the respondent as a husband and other family members. In the referred case the tape recorded speeches were considered as document as defined under Section 3 of the Evidence Act and the view taken by the High Court was upheld by the Hon'ble Apex Court observing that it stood on a different footing than photographs and that they were admissible in evidence on satisfying the following conditions:-

(iii) The subject matter recorded has to be shown to be relevant according to rules of relevancy found in the Evidence Act.

17. The petitioner as a wife in the matter has produced the CD along with the transcript with the certificate under Section 65B identifying the voice in the CD as of her as well as husband and other family members. Thus, in view of the judgment in the case of R.M. Malkani (supra) and Ziyauddin Burhannuddin Bukhari (supra), the CD which is produced on record would be an admissible evidence.

19. In the family matters, all such documents would become admissible irrespective that those documents become relevant or not or could not be proved in accordance to the Indian Evidence Act. Here in this case, the petitioner had tried to assist the Court by making a prayer by moving application Exh.46 to get further evidence for the CD which she had produced on record. The report of the FSL authority would have been for the assistance of the Court. The CD itself becomes an admissible evidence in view of the decision in the case of R.M. Malkani (supra) and Ziyauddin Burhannuddin Bukhari (supra), more so being a matrimonial matter, the parties need not prove the documents or the statement or any other report in accordance to the Indian Evidence Act, without even falling for the relevancy or the admissibility of all those documents, which become part of the trial, it NEUTRAL CITATION R/CR.RA/1243/2023 JUDGMENT DATED: 16/07/2024 undefined gets admitted as evidence. Here in the present case, when the wife has already produced the CD and transcript of the CD on record, identifying the voice of the husband and other family members, she need not prove more than that on record. However, to assist the Court and to prove the reliability of the CD, she has placed on record the hash value and even the certificate under Section 65B.