In Brief
A woman who is a defendant in a Small Causes Court suit can file a counter-claim seeking a right to reside in a shared household under the Protection of Women from Domestic Violence Act, 2005. The Supreme Court held that although the Provincial Small Cause Courts Act, 1887 normally bars suits involving interests in immovable property, the Domestic Violence Act's Section 26 allows such reliefs to be sought in any civil court proceeding. The interconnected nature of the claims and the protective purpose of the Domestic Violence Act require that the counter-claim be entertained to avoid multiplicity of proceedings and to give full effect to women's housing rights under the Act.
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