In Brief
A woman filed a counter-claim in a Small Cause Court eviction suit seeking the right to reside in a shared household under the Protection of Women from Domestic Violence Act, 2005. The lower courts dismissed the counter-claim as beyond the Small Cause Court's jurisdiction. The Supreme Court held that such counter-claims are fully entertainable. Although the Provincial Small Cause Courts Act ordinarily excludes suits involving rights in immovable property, Section 26 of the Protection of Women from Domestic Violence Act provides that relief can be sought in any civil proceeding. Since the original eviction suit was itself cognizable by the Small Cause Court, the interconnected residence claim was also not excluded. The Court set aside the dismissal and allowed the counter-claim to proceed.
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