Can a DV Act complaint be permitted where no fresh cause of action arose post-divorce?

No. Where the respondents have not pleaded any fresh cause of action arising post-divorce and the domestic violence complaint pertains to alleged acts predating the Settlement Agreement, revival of the relinquished claims through such subsequent proceedings cannot be permitted.

Protection of Women from Domestic Violence Act, 2005 — Divorce Act, 1869 — s.10A — Settlement Agreement — Waiver of monetary claims and maintenance — Abuse of process — Daughter not a party to the Settlement Agreement — Protection of Women from Domestic Violence Act, 2005 — Settlement Agreement — Monetary claims relinquished — Abuse of process — Held: Where a wife has voluntarily relinquished all monetary claims, including maintenance, revival of those claims through subsequent proceedings under the DV Act cannot be permitted; such proceedings constitute an abuse of process. (¶8) Divorce Act, 1869 — s.10A — Settlement Agreement — Plea of coercion without legal challenge — Held further: Mere averments of coercion cannot suffice absent any proceedings to set aside the decree or to seek a declaration invalidating the Settlement Agreement; parties cognizant of their rights are deemed to have executed it consciously and voluntarily. (¶11, 12) Protection of Women from Domestic Violence Act, 2005 — Settlement Agreement — Daughter not a party — Liberty to claim monetary relief — Held further: A daughter who had attained age of majority before the Settlement Agreement and was not a party to it cannot be said to have waived her right to monetary claims, and shall be at the liberty to initiate fresh proceedings. Appeal allowed; complaint quashed. (¶14, 15)

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