Supreme Court of India
Vaishali Abhimanyu Joshi v. Nanasaheb Gopal Joshi
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What the Court ordered
In the result, the appeal is allowed, the judgment of the High F Court dated 07.07.2016, judgment and order dated 05.11.2014 of 5•h Additional Judge, Small Causes Court, Pune and judgment dated 17.12.2015 of the District Judge, Pune are set aside.
Judgment, page 20
From the headnote
Protection of Women from Dome,stic Violence Act, 2005: ss. 19 and 26 - Suit filed by father-in-law (respondent) against . 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 it are legal proceedings - On the strength of s. 26 of 2005 Act, any relief
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