The Delhi High Court while dealing with a petition filed by the estranged wife of a BSF Commandant has recently directed the NDMC i.e., New Delhi Municipal Corporation to restore the electricity in the petitioner’s home considering her specially-abled son’s 12th Board exams.

The petitioner had sought for restraining the respondents from disconnecting the basic amenities like gas, water, etc. to the premises.

A Single Bench of Justice Prathiba M. Singh held, “… this Court is of the opinion that the authorities ought to take an empathetic view. The Petitioner is agreeable to give an undertaking to vacate the premises by 30th April, 2023. Let an undertaking be filed to this effect before this Court. The electricity is directed to be restored and it is directed that no action shall be taken against the Petitioner for eviction till 30th April, 2023.”

The Bench also relied upon the case of Neha Tyagi v. Lieutenant Colonel Deepak Tyagi Civil Appeal No. 6374/2021 in which the Apex Court observed that whatever is the dispute between the husband and the wife, a child should not be made to suffer.

Advocate Arvind Kumar Shukla represented the petitioner while Advocate Rajesh Kumar represented the respondents.

In this case, the Petitioner was in the occupation of the premises allotted to her husband. Both husband and wife had matrimonial discord and the proceedings were pending in the Family Court. Due to the transfer, the husband surrendered the premises and the NDMC disconnected the supply of electricity to the premises.

The prayer in the writ petition was seeking direction to the NDMC for restoration of the electricity and for the Directorate of Estate to not take any coercive action for evicting the petitioner and her family till the exams of her son were over.

The High Court after considering all the facts and circumstances of the case noted, “The ground on which the present writ has been filed is that the child of the Petitioner is in XIIth standard and suffering from a disability as also has his board exams slated in March-April, 2023. Thus, the disconnection of electricity or any eviction being directed would result in enormous prejudice to the Petitioner and her son, whose interest has not been borne in mind by Respondent No.5.”

The Court however said that the Petitioner shall pay the usual license fee as also the up-to-date electricity consumption charges on a monthly basis, even though the premises continue to be in the name of her husband.

“If there are any past dues of electricity or any other amenities, the same shall also be cleared by the Petitioner by 31st January 2023”, the Court further directed.

Accordingly, the Court directed the NDMC to restore the electricity within 24 hours.

Cause Title- Anjali Singh v. Union of India and Others

Click here to read/download the Judgment

Delhi HCJustice Pratibha M. SinghElectricityNDMC

Swasti Chaturvedi