VAISHALI ABHIMANYU JOSHI Vs. NANASAHEB GOPAL JOSHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal raises an important question pertaining to interpretation of Sec. 26 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Act, 2005") qua the Provincial Small Cause Courts Act, 1887(hereinafter to referred to as "Act, 1887") as amended in the State of Maharashtra. The question is as to whether counter claim by the appellant seeking right under Sec. 19 of Act, 2005 can be entertained in a suit filed against her under Sec. 26 of Act, 1887 seeking a mandatory injunction directing her to stop using the suit flat and to remove her belongings therefrom.

(3.) This appeal has been filed challenging the judgment dated 7th July, 2016 of High Court of Judicature at Bombay in Writ Petition No.1550 of 2016 by which the writ petition filed by the appellant questioning the judgment and order of 5th Additional Judge, Small Causes Court dated 5th Nov., 2014 and order passed by the District Judge, Pune dated 17th Dec., 2015 was dismissed.