Supreme Court Quashes DV Case After Matrimonial Settlement

Supreme Court Quashes DV Case After Matrimonial Settlement

The Supreme Court of India quashed domestic-violence proceedings concerning claims that had already been voluntarily settled between the parties. The husband and wife had entered into a Settlement Agreement in 2016 resolving their matrimonial and financial disputes. The wife expressly agreed not to make future monetary or maintenance claims and subsequently confirmed the settlement through an affidavit before the Family Court during mutual-consent divorce proceedings. Despite this, proceedings under the Protection of Women from Domestic Violence Act, 2005 were later initiated concerning acts that allegedly occurred before the settlement. The Supreme Court held that a voluntary and unequivocal waiver, reaffirmed before a court, cannot ordinarily be used to revive previously relinquished claims. Mere allegations of coercion or duress were insufficient when no substantive proceeding had been initiated to set aside the settlement. However, the Court protected the daughter’s independent legal rights, since she was not a party to the settlement. The ruling concerns settlement, waiver, maintenance, DV Act, Section 482 CrPC and abuse of process.