Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Women from Dome stic Violence Act 2005: ss. 19 and 26 - Suit filed by father-in-law (respondent) against daughter-in-law (appellant) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Protection of Women from Domestic Violence Act, 2005: ss. 19 and 26 - Suit filed by father-in-law (respondent) against C. daughter-in-law (appellant) - Before Small Causes Court - Seeking possession of the suit flat from his daughter-in-law - Claiming himself to be licensor and the appellant as gratuitous licensee : Counter-claim by the appellant seeking order of residence in the suit flat u/s. 19 of 2005 Act - Entertainability of the counter-claim - Held: Small Causes Court is a Civil court and proceedings before D it are legal proceedings - On the strength of s. 26 of 2005 Act, any relief available u/ss. 18 to 22 of 2005 Act can be sought by aggrieved person - Order L of CPC does not bar filing of counter-claim (under Or. VIII, r. 6A CPC) before Small Causes Court - 2005 Act was enacted to secure a social purpose - s. 26 thereof has to be E interpreted in a manner to effectuate the ve1y purpose and object of the Act - Court not to read in a bar, unless any order as contemplated under 2005 Act is expressly barred from consideration by a civil court- Right of residence as claimed by the appellant in her counter-claim is interconnected with determination of issue in the suit filed before civil court - Denial of consideration of the F counter-claim shall amount to denial of consideration of claim as contemplated by s.26 of 2005 Act and would lead to multiplicity of proceedings, which- cannot be the object and purpose of 2005 Act - Provincial Small Causes Court Act, 1887 - ss. 15 and 26 (as amended by Maharashtra Act 24 of 1984) - Code of Civil Procedure, G 1908 - Or. VIII, r. 6A and Or. L. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 459 |
Petitioner | Vaishali Abhimanyu Joshi |
Respondent | Nanasaheb Gopal Joshi |
SCR | [2017] 5 S.C.R. 488 |
Judgement Date | 2017-05-09 |
Case Number | 6448 |
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