Whether mere averments of coercion suffice to set aside a Settlement Agreement without any legal challenge?

No. Mere averments of coercion, absent any legal challenge, cannot suffice. Where the wife has not instituted any proceedings to set aside the decree or to seek a declaration invalidating the Settlement Agreement, parties who are well educated and cognizant of their rights must be deemed to have consciously and voluntarily executed the Settlement Agreement and the joint divorce petition.

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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