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Parvez Ansari (None)     20 November 2014

Electric connection restoration

My bro wife is residing at one part of premises. The premises is owned by me. My bro and his wife has some family dispute and living separately and wife filed a DV case against him and included me and my wife also in the respondents. She has been using separate electric connection from neighbors. Now she deliberately disconnected her electric supply and alleged that I have disconnected her electric supply from my meter and as such should be restored. I argued that I never gave electric connection from my supply. She argued on Article 21 of Const of India for rights, I have filed civil suit also to evacuate agaianst her husband and her.

Would court ask me to provide her electric connection from my supply?



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     20 November 2014

If you have disconnected the supply, you will face criminal prosecution, if not the burden lies on her to prove her allegations.


(Guest)

You are no where concerned to her even remotely. Under DV the magistrate cannot ask you to do such a thing, that woman is the headache of that person who is called your brother, and not you. So dont worry. Instead of filing civil suit, you should have kicked her out of the premises yourself. 

Parvez Ansari (None)     20 November 2014

There was no electric supply from Feb 04 to Oct 2006 for non payment (  I have proof for the same ) and when I came from abroad I restored the electric supply in Oct 2006 for my use. She had been using electric from neighbors since long (infact illegal connection) and in Mar 2014 when her child's SSC exam was around, she deliberately got that connection disconnected and filed application that her connection was disconnected by me in sept 2006 and since then they were using electric connections from neighbors and that connection was illegal too and they (neighbors)  also disconnected their connection ( in Mar 2004 ). and as such should be restored by the respondents now.

Now on her application court asked us reply on next date. But on next date her lawyer came earlier and argued something in our absence and Hble MM passed order to respondents to restore electric connection seeing the urgency. We reached 15 min later and argued that we have reply to file and stay the execution for fifteen days. Court allowed our application and asked a say from other side which they did on next date. Later we filed our written arguments also.

Now the hon'ble judge changed and then again they pressed for orders on the electric after 6 months. The judge said that there is already  order there and why they did not go for implementation of order and adjourned the case for next date. But did not gave any written order.

What we shall do? Should we go for appeal in session or we should wait the other party ? or the order got stalled ?

What the other party can do now and what is procedure for us?

Please provide me response and oblige.


(Guest)

How did she manage to get power from somebody else's meter? One complaint to Electricity board and they would have fined the neighbor and disconnected such illegal connection.  That would have taught her a proper lesson.

Court cannot ask you to provide electric line for that woman.  You are under no obligation as such.  First do as above.  Give complaint to Electricity board, when they disconnect present connection, take a report of it from them and file it in reply to her petition.  If the case gets dismissed, well and good.  No?

You approach Sessions court with an appeal to set aside the orders and to dismiss the DV case in toto.


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