VidhiSangh

Supreme Court of India · 09/05/2017

VAISHALI ABHIMANYU JOSHI versus NANASAHEB GOPAL JOSHI

[2017] 5 S.C.R. 488 · 2017 INSC 459

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The daughter-in-law’s counterclaim for residence relief under the Domestic Violence Act was maintainable in the father-in-law’s Small Causes Court suit seeking her removal. Maharashtra’s special jurisdiction provision displaced the cited general exclusions, and Section 26 permitted the connected statutory relief in that civil proceeding. The residence claim’s merits remained open.

Issues

  1. Whether the Small Causes Court could entertain the Domestic Violence Act residence counterclaim in this suit.

Provisions considered

Held

Result

Appeal allowed; contrary orders of the High Court, District Judge and Small Causes Court set aside. Counterclaim to be considered on merits in accordance with law.

Judgment PDF: Supreme Court of India, [2017] 5 S.C.R. 488.