Supreme Court quashes DV proceedings over waived monetary claims in divorce settlement

The Supreme Court determined whether such waived claims could be revived under the Protection of Women from Domestic Violence Act, 2005.

Who it concerns: Petitioner: Reji Baby (husband); Respondents: Subi Mary (wife) and others (including daughter); Bench: Justice Manmohan and Justice Sandeep Mehta.

What the court decided

• Allowed the appeal and set aside the High Court of Kerala's judgment dated 26th October 2018.
• Quashed the proceedings in M.C. 23/2017 before the Judicial First Class Magistrate Court, Kalamassery.
• Clarified that the daughter (Respondent No. 2) was not a party to the settlement and remains at liberty to initiate fresh proceedings for monetary relief.
• Disposed of any pending applications.

Also in the document

• The Court held that the wife's revival of monetary claims was an abuse of process because she had voluntarily relinquished them in a Settlement Agreement and a subsequent affidavit.
• The Court noted that the daughter had attained majority before the settlement and was not a party to it, thus her rights were not waived.
• The Court cited the precedent of Dhananjay Rathi v. Ruchika Rathi, which deprecates initiating DV Act proceedings despite a valid compromise.