High Court of DelhiCONT.CAS(C)/823/2025

Shelly v. Shri Daya Ram And ORS.

2025-05-23Hon'Ble Mr. Justice Anish Dayal11 pages

$~77 * IN THEHIGH COURTOF DELHIAT NEW DELHI + CONT.CAS(C) 823/2025 CM APPL. 32228/2025 SHELLY .....Petitioner Through:

Mr. Ishan Sanghi, Adv with Ms.

Poorvashi Kalra, Advs.

versus SHRI DAYA RAM AND ORS.

.....Respondent Through:

Mr. Lokesh Mali, Advocate Ms.

Sangeeta Bharti, Standing Counsel, DJB.

Mr. Manish Srivastava Mr. Mukesh Arora and Mr. Santosh, Advocates for BSES.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 23.05.2025 1.

This petition has been filed alleging wilful disobedience of order dated 21st November 2024, passed by the Mahila Court, in MC No. 624/ 2024.

The relevant paragraphs of the said order read as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

It transpires that the petitioner's late husband, Mr. Lal Singh passed away, and thereafter, she has been ill-treated by her in-laws. 4.

In these circumstances, the directions as extracted above, were passed, effectively directing the respondents, to ensure that the electricity and water connections are restored at the premises where the petitioner is residing. 5.

The application was filed under Section 23 of the Protection of Women from Domestic Violence Act, 2005. The protection officer's report, had also been received, which stated that the petitioner is residing in a single room, wherein she has made a kitchen, as well. There is no water/electricity at the residence.

It had been recorded that the petitioner was ready to pay electricity/ water connection bills and the statement of the petitioner, in this regard, has been recorded.

It is stated that respondent nos. 1-6 (family members of petitioner's deceased husband) have not complied with the order dated 21st November 2024, intentionally.

In this regard, an order of 20th March 2025 was also passed by the Mahila Court, which reads as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Directions have been passed, for installation of a sub-meter from the main meter of the ground floor of the property, bearing No. A-60, Sundary Bazar, Chander Vihar, Nilothi Extension, New Delhi, at the limited portion where the petitioner was residing, so that the units of electricity/ water, being consumed by the petitioner and the children, can be recorded separately. The petitioner had committed to pay for the electricity/ water units, consumed by her and her children.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

It now transpires, that the respondent no.1 is restraining and impeding the installation of the electricity and water connections, by respondent no.7/ BSES and respondent no. 8/ DJB, respectively. 11.

Petitioner's counsel states that she has been living without electricity and water connections, since 23rd September 2023. 12.

Counsel for respondent nos. 7 & 8 are present, on directions of the Court. Counsel for BSES points out to a report which had been given, to the Mahila Court, on 19th May 2025, noting that they have initiated the process for installation of a sub-meter/separate meter, at petitioner's residence and when they visited the premises, twice, on 13th May 2025 and 15th May 2025, petitioner was not found at the residence.

13.

They requested the father-in-law and the sister-in-law of the petitioner, to provide her contact number, but they did not cooperate, and rather, misbehaved, with the BSES team and the engineer. 14.

It is stated that BSES can provide a separate electricity connection in the petitioner's name, after receiving a request from her side and upon completion of certain formalities.

15.

In the facts and circumstances as stated above, as also, the situation which the petitioner finds herself in, it is directed that the separate electricity and water connections will be provided to the petitioner, in the portion that she is staying in, with her children.

16.

The petitioner shall move the requisite application in this regard. There shall be no requirement of a no objection certificate from her in-laws/ landlords/co-owners and co-occupiers, of the said premises. 17.

The petitioner will comply with other oral and commercial The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

formalities for getting a new connection.

18.

Petitioner, appears in-person and states, that she works at a beauty parlour, and is unable to afford the deposit amount and has been straining herself for a number of years; considering the situation noted above, the said connection may be given to her, without payment of deposit, it is directed accordingly.

19.

Petitioner, however, will make sure that she will pay for the dues arising out of consumption, as regards both, water and electricity. 20.

She is being assisted by her legal-aid Counsel, Mr. Ishan Sanghi, who will assist her in completing the said formalities. 21.

Considering the circumstances, as noted above, and the petitioners' strained relationship with her in-laws and the misbehaviour meted out and obstruction caused, by her in-laws, as noted by the BSES team, both the BSES and DJB teams will be accompanied by requisite police personnel including one female police personnel.

22.

A copy of the order be sent to P.S. Nihal Vihar, in order that compliance is made, with the direction passed by the Court. 23.

On filing the application, urgent action will be taken by BSES and DJB, to provide the connection, since it is a matter of essential utilities/ livelihood.

24.

On filing the requisite application, the same will be processed within a week, thereafter.

25.

Respondent nos.1-6 are directed to not impede and obstruct, the installation and connection of the electricity and water meters and monitoring and repairing of the same and shall commit no act, which shall deprive the petitioner and her children, of access to electricity and water. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

26.

Petition is disposed of accordingly.

27.

A copy of the order be given 'dasti' under the signature of the Court Master.

28.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 23, 2025/RK/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.