ADVOCATEMMMOHAN: Domestic Violence Act, 2005 — Section 12 — Settlem...

ADVOCATEMMMOHAN: Domestic Violence Act, 2005 — Section 12 — Settlem...: advocatemmmohan APEX COOURT HELD THAT  Domestic Violence Act, 2005 — Section 12 — Settlement agreement in mediation — Quashing of proceeding...

APEX COURT HELD THAT 

Domestic Violence Act, 2005 — Section 12 — Settlement agreement in mediation — Quashing of proceedings — Withdrawal of consent for mutual divorce — Where parties entered into mediated settlement resolving all disputes and partly acted upon it, subsequent initiation of DV proceedings by wife after resiling from settlement, without specific allegations of domestic violence, amounts to abuse of process — Party cannot resile from settlement except on proof of fraud, coercion or non-fulfilment of agreed conditions — Continuation of DV proceedings in such circumstances is unsustainable — Supreme Court in exercise of Article 142 also dissolved marriage on ground of irretrievable breakdown and enforced settlement terms — Proceedings quashed and appeal allowed.

(Paras 29 to 41, 51 to 55)