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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.

VAISHALI ABHIMANYU JOSHI vs NANSAHEB GOPAL JOSHI · Niyam