Whether plea of waiver is to be specifically raised?

 It is well established position that waiver is an intentional relinquishment of a right. It must involve conscious

abandonment of an existing legal right, advantage, benefit, claim or privilege, which except for such a waiver, a party could have enjoyed. It is an agreement not to assert a right. To invoke the principle of waiver, the person who is said to have waived must be fully informed as to his rights and with full knowledge about the same, he intentionally abandons them. [See para 41 of State of Punjab (supra)]. There must be a specific plea of waiver, much less of abandonment of a right by the opposite party.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.1217-1218 OF 2017

M/s. Sonell Clocks and Gifts Ltd. Vs The New India Assurance Co. Ltd. 

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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 sex 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

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