LegalAware
LegalAware.ai
EMPOWERING LEGAL AWARENESS

Vaishali Abhimanyu Joshi v. Nanasaheb Gopal Joshi

Civil Appeal · 2017 INSC 459Decided 9 May 2017
Civil Appeal No. 6448 of 2017
Justice A.K. Sikri · Justice Ashok Bhushan

Background

A daughter-in-law was living in a flat owned by her father-in-law along with her husband and child. After her husband left her and moved out, the father-in-law sent a notice revoking her "gratuitous licence" to use the flat and filed a suit in the Small Causes Court, Pune seeking to evict her. She filed a counter-claim asking for a right to continue residing in the flat under Section 19 of the Protection of Women from Domestic Violence Act, 2005, on the ground that the flat was her "shared household." The trial court, the District Judge, and the Bombay High Court all held that the Small Causes Court had no jurisdiction to entertain such a counter-claim, since suits about rights/interest in immovable property are excluded from its jurisdiction under the Provincial Small Cause Courts Act, 1887.

Decision Breakdown

The Supreme Court held that the counter-claim was fully maintainable before the Small Causes Court. It reasoned that Section 26 of the Domestic Violence Act allows reliefs under Sections 18-22 of that Act to be sought in any civil, family, or criminal proceeding, and that the Maharashtra amendment to the 1887 Act (Section 26, inserted by Maharashtra Act 24 of 1984) contains a "notwithstanding" clause that overrides the general bar on property-related suits specifically for licensor-licensee disputes, which is what this father-in-law/daughter-in-law dispute really was. Since the father-in-law's own suit (framed as a licensor revoking a licence) was validly before the Small Causes Court, the daughter-in-law's connected claim for a residence order must also be considered there, to avoid forcing her into multiple parallel proceedings. The Court set aside all three lower rulings and sent the matter back for the Small Causes Court to decide the counter-claim on its merits, without expressing any view on who should ultimately win.

Lesson Learnt

A woman facing eviction from her marital home does not have to abandon her Domestic Violence Act protections just because the eviction case was filed in a limited-jurisdiction court like a Small Causes Court: the Act's remedies travel with her into whatever civil proceeding she is already defending.

Official source (sci.gov.in)View Judgment (PDF)

More rulings in Family Law

Family LawDelhi High Court

Punam vs. Divisional Commissioner, GNCT of Delhi & Ors.

The Court upheld the validity of the Delhi Senior Citizens Rules' eviction provision, relying on recent Supreme Court rulings that such tribunals may order eviction where necessary to protect a senior citizen, and held the rule validly covers daughters-in-law as well as sons and daughters. It further held that eviction proceedings under the Senior Citizens Rules are legally independent of Domestic Violence Act maintenance proceedings, one does not need to await the other, and that the senior citizen's right to a peaceful life in her own property outweighed the daughter-in-law's claim, especially since the daughter-in-law had her own separate residence and income. The writ petition was dismissed.

Decided 30 Sept 2026Read case
Family LawDelhi High Court

Nav Ratan Sharma vs. Chetna And Anr & Anr.

The High Court held its revisional powers are narrow and don't permit re-weighing evidence absent a clear legal or jurisdictional error, finding none here. The Family Court was entitled to draw an adverse inference given the husband's contradictory statements, concealed bank account, and lack of documentary proof for his claimed salary. The Court also noted that even accepting his figure, the resulting difference in maintenance would be only about Rs. 2,500 total per month: too minor to justify interference. The revision petition was dismissed.

Decided 28 Sept 2026Read case
Family LawSupreme Court of India

Shikha v. State of Odisha

The parties ultimately reached an amicable settlement, with the husband paying the agreed permanent alimony in full. Applying its powers under Article 142 of the Constitution and following its own precedents on irretrievable breakdown of marriage (Shilpa Sailesh and Rinku Baheti), the Court granted a decree of divorce by mutual consent, dissolving the marriage solemnised on 04-12-2016. It also quashed all pending civil and criminal cases between the parties and directed that neither side file any fresh cases against the other, disposing of both transfer petitions.

Decided 28 Sept 2026Read case
Family LawSupreme Court of India

'R' v. 'E' & Anr.

The CBI's detailed report, based on witness examinations, CCTV footage analysis, and psychiatric/psychological evaluation of the child, concluded that the allegations were not reliable, were contradicted by other evidence, and appeared linked to the ongoing custody dispute rather than genuine abuse. The Supreme Court accepted this report, quashed the FIR as an abuse of process, and also quashed a related, older FIR against the mother. It confirmed that custody of the child should remain with the father, applying the "best interest of the child" principle. Recognising a broader pattern of the POCSO Act being misused as a tactic in matrimonial/custody disputes, the Court laid down specific safeguards to be followed whenever a POCSO allegation is made by one parent against another parent (or a family member) during a pending matrimonial dispute, including caution before arrest, and closer judicial scrutiny of such complaints, and directed that these safeguards be circulated to all criminal courts and police stations in the country.

Decided 24 Sept 2026Read case
Family LawSupreme Court of India

Debarati Bhunia Chakraborty v. Suman Sankar Bhunia

This is an interim order, not a final judgment. After speaking with the children in chambers, the Court made its earlier stay of the High Court's custody order absolute and allowed the mother to relocate the children to the United Kingdom for schooling for the present. She must produce the children before any court when directed. The appeals will be heard in January 2027.

Decided 23 Sept 2026Read case
Family LawSupreme Court of India

Mihir Prakash Bajoria v. Vidushi Jain Bajoria

The Supreme Court upheld the High Court's reasoning, restating that anti-suit injunctions are an extraordinary remedy to be granted sparingly. The party seeking one must show the foreign proceedings are oppressive/vexatious or in a forum non conveniens, and that refusal would defeat the ends of justice, per the settled principles in Modi Entertainment Network v. WSG Cricket. Applying these principles, the Court found the UK Family Court was in fact the more convenient forum, since both parties had genuinely established their matrimonial home, residence, and financial life in London for years, giving the UK court substantial connecting factors to the dispute. The husband's argument that a prospective foreign divorce decree on the ground of irretrievable breakdown would be unenforceable in India under Section 13 CPC was held to be speculative and premature, since the UK proceedings had not yet concluded and the foreign court's own jurisdiction was itself still under adjudication, relying on its own precedent in Dinesh Singh Thakur v. Sonal Thakur, which similarly declined to grant anti-suit relief merely because a foreign court might apply a ground for divorce not recognised in India. The Court noted that although the UK court had since passed a conditional divorce decree during the appeal's pendency (which the Supreme Court had separately stayed), that development was outside the scope of this appeal, which was confined only to examining the validity of the original 2025 anti-suit injunction. Finding the High Court's vacation of that injunction legally correct, the Supreme Court dismissed the husband's appeal, while leaving both parties free to raise any grounds regarding the later UK divorce order before the appropriate forum.

Decided 22 Sept 2026Read case