Domestic violence counterclaims can be entertained in Small Causes Court proceedings when the suit is properly cognizable there.

Section 26 of the Protection of Women from Domestic Violence Act, 2005 allows reliefs under Sections 18 to 22 to be claimed in any legal proceeding before a civil, family or criminal court, and a proceeding before the Small Causes Court is a legal proceeding for this purpose. Where the plaintiff's suit is properly cognizable by the Small Causes Court, a defendant's counterclaim for allied domestic violence relief, including residence orders, may be entertained in the same proceeding. Order VIII Rule 6A supports counterclaims, and the general exclusionary scheme of the Provincial Small Cause Courts Act, 1887 does not defeat this jurisdiction where no express bar applies.

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Issues: Whether a counterclaim under Section 19 of the Protection of Women from Domestic Violence Act, 2005 seeking a residence order could be entertained in a suit before the Small Causes Court governed by the Provincial Small Cause Courts Act, 1887.

Analysis: Section 26 of the Protection of Women from Domestic Violence Act, 2005 permits reliefs under Sections 18 to 22 to be sought in any legal proceeding before a civil court, family court or criminal court. A proceeding before the Small Causes Court is a legal proceeding and, where the plaintiff's suit itself is maintainable in that forum under the Maharashtra amendment to the Provincial Small Cause Courts Act, 1887, the defendant's counterclaim for allied reliefs under the Domestic Violence Act cannot be excluded merely by invoking the general exclusionary scheme of Section 15 and the Second Schedule. Order VIII Rule 6A of the Code of Civil Procedure, 1908 permits counterclaims, and Order L does not exclude that provision from the Small Causes Court. The non obstante language in Section 26 of the Provincial Small Cause Courts Act, 1887, as applicable in Maharashtra, must be given full effect, and the claim under the Domestic Violence Act should be considered to avoid multiplicity of proceedings.

Conclusion: The counterclaim seeking residence relief was entertainable before the Small Causes Court and the refusal to entertain it was erroneous.

Final Conclusion: The appeal succeeded and the counterclaim was directed to be considered according to law.

Ratio Decidendi: Where a suit is properly cognizable by the Small Causes Court, Section 26 of the Protection of Women from Domestic Violence Act, 2005 enables a related counterclaim for relief under that Act to be entertained in the same proceeding unless expressly barred, and the forum's jurisdiction is not defeated by the general exclusions in the Provincial Small Cause Courts Act, 1887.

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