KIRNA DEVI Vs. FATEH SINGH

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner has assailed order dated 18.09.2019, passed by the Court of learned Civil Judge, Court No. 2, Una, District Una, H.P. in an application filed Under Section 94 read with Section 151 of the Code of Civil Procedure by the present petitioner before the said Court, vide which, a direction was sought by the present petitioner against respondent No. 1 herein to restore electricity supply of the room, subject matter of the Civil Suit which has been filed by respondent Fateh Singh against the present petitioner as well as Desh Raj.

(2.) The case of the petitioner is that she had filed an application under Sections 22 and 23 of the Protection of Women from Domestic Violence Act , 2005, for grant of interim relief as well as for mental stress caused to her on account of disconnection of electricity supply to her room by Shri Fateh Singh (father-in-law of the present petitioner) This application was dismissed by the Court of learned Judicial Magistrate 1st Class, Court No. 2, Una, H.P. on 04.12.2018. Feeling aggrieved, she filed CMPNO. No. 14 of 2019, titled as Kirna vs. Fateh Singh and another . This petition was disposed of by this Court in the following terms:-

(3.) Thereafter, an application was filed by the petitioner in Civil Suit filed against her by Shri Fateh Singh (respondent No. 1 herein) under Section 94 read with Section 151 of the Code of Civil Procedure for issuance of a direction to the plaintiff/respondent No. 1 herein, to restore electricity supply of the disputed room. It was mentioned in the said application that non-applicant Fateh Singh had filed a suit against her and electricity supply of the disputed room, which was in her possession, has been forcibly disconnected by the non-applicant/plaintiff on 25.02.2016, with an ulterior motive just to harass and humiliate her. It was further mentioned in the application that she had filed a complaint under the Protection of Women from Domestic Violence Act , which was dismissed by the Court and which order was assailed by her before this Court. It was further mentioned in the application that CMPMO filed by her in this Court was disposed of on 04.09.2019, with a direction to her to approach the Court concerned for relief and rendering of decision within a week. It was further mentioned in the application that on account of disconnection of the electricity supply, the applicant was residing in a miserable condition since 25.02.2016 and the act of the non-applicant amounted to infringing the fundamental rights of the applicant as also her children.