Supreme Court · 2017 INSC 459 · Decided 9 May 2017
Vaishali Abhimanyu Joshi v. Nanasaheb Gopal Joshi
- Court
- Supreme Court of India
- Citation
- 2017 INSC 459 · [2017] 5 S.C.R. 488
- Case number
- CIVIL APPEAL No. 6448/2017
- Decided
- 9 May 2017
- Bench
- A.K. SIKRI, ASHOK BHUSHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution
Headnote
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 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
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