REJI BABY Vs. SUBI MARY

JUDGEMENT

(1.) Present appeal had been filed challenging the judgment and order dtd. 26/10/2018 passed by the High Court of Kerala in CRL. MC No. 8568/2017. By virtue of the impugned judgment and order, the petition filed by the appellant-husband seeking quashing of the complaint filed by the respondents under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act') has been dismissed.

(2.) Learned counsel for the appellant-husband stated that the subject proceedings under DV Act had been initiated by the respondents after settlement of their disputes by way of a Settlement Agreement dtd. 23/7/2016 (hereinafter referred to as 'Settlement Agreement'). He stated that under the Settlement Agreement, respondent No.1-wife had specifically agreed not to make any monetary or maintenance claims against the appellant-husband. He pointed out that the appellant and respondent No. 1-wife had thereafter filed a joint application under Sec. 10A of the Divorce Act, 1869 and obtained a divorce decree dtd. 30/1/2017. 

(3.) He contended that by way of the subject proceedings the respondents have reagitated claims that stood extinguished after execution of Settlement Agreement.