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2017 (5) TMI 1726 - SC - Indian LawsInterpretation of statute - Section 26 of the Protection of Women from Domestic Violence Act, 2005 qua the Provincial Small Cause Courts Act, 1887 - bar on entertainment on counter claim - whether counter claim by the Appellant seeking right Under Section 19 of Act, 2005 can be entertained in a suit filed against her Under Section 26 of Act, 1887 seeking a mandatory injunction directing her to stop using the suit flat and to remove her belongings therefrom? HELD THAT:- The Protection of Women from Domestic Violence Act, 2005 has been enacted to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. Act, 2005 was enacted by the Parliament to give effect to various international conventions - There cannot be any dispute that proceeding before the Judge, Small Causes Court is a legal proceeding and the Judge, Small Causes Court is a civil court. On the strength of Section 26 any relief available Under Section 18 to 22 of Act, 2005, thus, can also be sought by the aggrieved person. When the suit filed by the Plaintiff for determination or enforcement of his right as a licensor can be taken cognizance by Judge, Small Causes Court we fail to see that why the relief claimed by the Appellant in the Court of Small Causes within the meaning of Section 26 of Act. 2005 cannot be considered by the Judge, Small Causes Court. In facts of the present case, the bar and embargo under Item No. 11 of Schedule II read with Section 15 of Act, 1887 stand whittled down and engulfed by virtue of Section 26 Sub-section (1) as applicable in Maharashtra. Section 26 of the Act, 2005 has to be interpreted in a manner to effectuate the very purpose and object of the Act. Unless the determination of claim by an aggrieved person seeking any order as contemplated by Act, 2005 is expressly barred from consideration by a civil court, this Court shall be loath to read in bar in consideration of any such claim in any legal proceeding before the civil court - When the proceeding initiated by Plaintiff in the Judge, Small Causes Court alleged termination of gratuitous licence of the Appellant and prays for restraining the Appellant from using the suit flat and permit the Plaintiff to enter and use the flat, the right of residence as claimed by the Appellant is inter-connected with such determination and refusal of consideration of claim of the Appellant as raised in her counter claim shall be nothing but denying consideration of claim as contemplated by Section 26 of the Act, 2005 which shall lead to multiplicity of proceeding, which can not be the object and purpose of Act, 2005. The counter claim filed by the Appellant before Judge, Small Causes Court in Civil Suit was fully entertainable and courts below committed error in refusing to consider such claim - Appeal allowed.
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