Whether one spouse is supposed to maintain logbook to note down matrimonial offences committed by other spouse?
The parties are required to make specific pleadings for the reason that
it enables the opposite party to specifically meet, verify, and if necessary,
challenge/deny the averments/ allegations. Otherwise, the opposite party
would remain in the dark and would not be able to effectively deal with the
accusations, allegations and averments made against him/her.
30. Apart from making the aforesaid specific allegations, the respondent
also made general allegations in his petition with regard to the alleged
general conduct and behaviour of the appellant. It may not always be
possible for a party to make specific allegations with regard to the date,
time, place of occurrence in relation to a generalized conduct, act or
omission – where such conduct is repeated continuously over a period of
time. Thus, the allegations that the appellant used to call the respondent
‘Hathi’ or ‘Mota Hathi’, cannot be given a particular date, time or place of
utterance as, according to the respondent, such an utterance was repeatedly
made by the appellant. Similarly, it may not be possible to give specific
dates and times in relation to the allegations that the appellant denied s*x to
the respondent consistently. When two parties are in a marital relationship,
neither is expected to maintain a logbook and note down therein each and
every instance of matrimonial offence committed by the other. When the
allegation is that a party showed uncooperative attitude towards his/her
spouse and family members; did not show respect to the other spouse and
his family members; misbehaved and abused with the opposite party and his
family members – in respect of such allegations, it may not be possible to
plead a specific date, time or place of occurrence. However, when
intolerable conduct/matrimonial offence manifests itself into an incident
which has larger proportions, the aggrieved party would be able to pin
pointedly – with particulars and details, recite and establish such
matrimonial offence.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 22.03.2016
MAT. APP. 68/2012
SA ..... Appellant
versus
AA ..... Respondent
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
Citation: 2016 (3) ALLMR(JOURNAL)60
https://www.lawweb.in/2016/07/whether-one-spouse-is-supposed-to.html