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SC – Divorce Settlement Waiver Bars Revival of Monetary claims under DV Act

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Judgment dated 24.8.2026 of the Supreme Court of India in Criminal Appeal No.1346 of 2021 of Reji Baby  Vs.  Subi Mary and others

By the Settlement Agreement dated 23.7.2016  with the husband, the wife agreed to forego monetary or maintenance claims against the husband.  Thereafter, the couple filed joint application under Section 10A of the Divorce Act and obtained divorce decree in 2017.

However, the wife has re-agitated claims and filed DV Act complaint.  The husband filed petition for quashing DV Act proceedings.

Daughter (who had attained majority prior to the Settlement Agreement between her parents in Divorce Case is not bound by the said agreement of the wife to forego all monetary claims.  It cannot be said that the respondent no.2 daughter had waived her right to monetary claims.

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