Supreme Court quashes DV proceedings over waived monetary claims in divorce settlement
The case concerns a dispute where a husband challenged a domestic violence complaint filed by his ex-wife and daughter, arguing that their monetary claims were waived in a prior divorce settlement. The Supreme Court determined whether such waived claims could be revived under the Protection of Women from Domestic Violence Act, 2005.
Petitioner: Reji Baby (husband); Respondents: Subi Mary (wife) and others (including daughter); Bench: Justice Manmohan and Justice Sandeep Mehta.
- 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.
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Document details
| Official title | Monetary Claim Waived In Divorce Settlement Cannot Be Revived In DV Act Proceedings: Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | Reji Baby v Subi Mary |
| Status | closed (order) |
| Year | 2026 |
| Closing date | 2026-08-24 |
| Documents | 1 |