VAISHALI ABHIMANYU JOSHI versus NANASAHEB GOPAL JOSHI

Citation: [2017] 5 S.C.R. 488 · Decided: 09-05-2017 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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[2017] 5 S.C.R. 488 
VAISHALI ABHIMANYU JOSHI 
v. 
NANASAHEB GOPAL JOSHI 
(Civil Appeal No. 6448 of2017) 
MAY09,2017 
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.] 
Protection of Women from Dome,stic 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 
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enacted to secure a social purpose - s. 26 thereof has to be 
interpreted in a mannerto 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 inter-connected with determination of issue in 
the suit filed before civil court - Denial of consideration of the 
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, 
1908 - Or. VIII, r. 6A and Or. L. 
Allowing the appeal, the Court 
HELD: 1. The Provincial Small Cause Courts Act, 1887 
was enacted to consolidate and amend the law relating to Courts 
of Small Causes established beyond the Presidency-towns. 
H Section 15 deals with jurisdiction of Court of Small Causes. 
488 
VAISHALI ABHIMANYU JOSHI v. NANASAHEB GOPAL 
489 
JOSHI 
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Section 15 refers to Schedule II. Sched·ule II enumerates the A 
category of suits which are excepted from the cognizance of Court 
of Small Causes. [Paras 13 and 15] [496-E-F; 497-C-D] 
2. The Protection of Women froin Domestic Violence Act, 
2005 has been enacted to provide for more effective protection 
of the rights of women guaranteed under the Constitution who 
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are victims of violence of any kind occurring within the family 
and for matters co'nnected therewith or incidental thereto. Act, 
2005 was enacted by the Parliament to give effect to various 
international conventions. [Para 17] [498-D-E] 
Kunapareddy alias Nookala Shanka Balaji v. 
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Kunapareddy Swarna Kumari & Another [2016] 2 SCR 
608 : (2016) 11 sec 774 - referred to. 
3. Section 26 of the Act is a special provision which has 
been enacted in the Domestic Violence Act. Although, Chapter 
IV of the Act containing Section 12 to Section 29 contains the D 
· procedure for obtaining orders of reliefs by making application 
before the Magistrate whereas steps taken by the Magistrate 
and different categories of reliefs could be granted as noted in 
Section 18 to 22 and certain other provisions. Section 26 provides 
that any relief available under Section 18 to 22 may also be sought 
in any legal proceedings, before a civil court, family court or a 
criminal court, affecting the aggrieved person and the responden(. 
The appellant has set up her counter-claim on the basis of this 
Section before the Judge, Small Causes Court. [Para 19) [500-G-
H; 501"A-B] 
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4. There cannot be any dispute that proceeding before the 
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Judge, Small Causes Court is a legal proceeding and the Judge, 
Small Causes Court is a civil court. On the' strength of Section 
26 any relief availabl!! under Section 18 to 22 of Act, 2005, thus, 
can als.o .be sough~ by the aggrieved person. [Para 20][501-E-F] 
5. Order VIII rule 6A of CPC provides for counter-claim 
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by defendant. Order L of CPC enumerates the provisions which 
shall not extend to the Provincial Small Cause Court. The 
provisions which have been excepted from applicability of the 
Small Causes Court do no include Order VIII, thus, eounter claim 
can· very well be filed by the defendant in a suit before the Small 
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490 
SUPREME COURT REPORTS 
(2017] 5 S.C.R. 
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Causes Court. (Paras 21, 22) (501-F; 502-D]

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