Supreme Court of India · 2017-05-09
VAISHALI ABHIMANYU JOSHI vs NANSAHEB GOPAL JOSHI
- Citation / case number
- SC 2016/26313
- Court
- Supreme Court of India
- Petitioner
- VAISHALI ABHIMANYU JOSHI
- Respondent
- NANSAHEB GOPAL JOSHI
- Author
- HON'BLE MR. JUSTICE ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI
Judgment text excerpt
The Supreme Court interpreted Section 26 of the Protection of Women from Domestic Violence Act, 2005, in conjunction with the Provincial Small Cause Courts Act, 1887, determining that a counterclaim under Section 19 of the former can be entertained in a suit filed under Section 26 of the latter. The Court held that the appellant's rights to seek relief under the Domestic Violence Act were valid and should be considered, thereby allowing her counterclaim. The appeal was allowed, overturning the High Court's dismissal of the writ petition.