India News | HC Directs Authorities to Restore Electricity to Woman's House Considering Specially Abled Child's Board Exams
Get latest articles and stories on India at LatestLY. The Delhi High Court has directed the authorities to restore electricity connection to the official premises occupied by a BSF officer's estranged wife considering her specially-abled minor son has to sit for class 12 board examination.
New Delhi, Jan 18 (PTI) The Delhi High Court has directed the authorities to restore electricity connection to the official premises occupied by a BSF officer's estranged wife considering her specially-abled minor son has to sit for class 12 board examination.
The court also restrained the authorities concerned from taking action against the woman whose husband has surrendered the residential facility.
The high court said it was of the opinion that the authorities ought to take an “empathetic” view and noted the woman has agreed to give an undertaking to vacate the premises by April 30 this year. The judge asked the woman to file an undertaking to this effect.
Justice Prathiba M Singh, in an order passed on Tuesday, ordered that the electricity be restored and no action shall be taken against the petitioner woman for eviction till April 30.
“The petitioner shall, however, pay the usual license fee as also the up to-date electricity consumption charges on a monthly basis, even though the subject premises continue to be in the name of respondent no.5 (husband). If there are any past dues of electricity or any other amenities, the same shall also be cleared by the petitioner by January 31,” the court said.
The court was hearing the petition by the woman, the estranged wife of a BSF Commandant, saying her son, who has a disability, was in class 12th and his board exams are slated for March-April, 2023. She said the disconnection of electricity or eviction from the premises would result in enormous prejudice to her and her minor son whose interest has not been borne in mind by her husband.
The woman sought direction to the Directorate of Estates to permit her to retain the premises on Shah Jahan Road in the national capital and not take any coercive action for evicting her and her family till her son's exams are over and restore the power connection.
The plea also sought to restrain the NDMC from disconnecting basic amenities like gas and water supply to the premises.
Her petition said the premises were allotted to her husband who was later transferred to Srinagar. He surrendered the premises on transfer.
The court noted the entire dispute appeared to be a fallout of the marital discord between the woman and the man and said the minor child should not be made to suffer on account of it.
The counsel for the New Delhi Municipal Corporation (NDMC) submitted the woman was not a consumer and her estranged husband, who was the consumer, has already made a request for discontinuation of power supply to the premises.
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