A magistrate court in Mumbai has ordered an estranged husband to restore power supply to the home where his wife and son reside, stating that electricity is a basic necessity for a dignified life.
The court stated, “Disconnection of electricity would mean denying a basic amenity to the woman, thereby compelling her to probably move out of the premises itself.”
The woman, who married the man in 1994 and has a son with him, approached the court after the electricity was disconnected on September 17, 2024.
Advocates Bhakti Deshpande, Tushar Halwai, and Mitali Kamdar, representing the woman, argued that she had endured cruelty since her marriage and that the man had an extramarital affair. The woman currently lives in a shared household in South Mumbai, which is the ancestral property of the man and his sisters.
The lawyers claimed that the man and his sister disconnected the electricity supply to force the woman out of the house, depriving her of her statutory right to residence under the Domestic Violence (DV) Act.
The man opposed the application, stating that the woman had lived separately for decades and only entered the residence in May 2023. He argued that the property legally belongs to his sister and that he was the aggrieved party, having been driven out of his sister’s home.
Magistrate DM Mata ruled that electricity is essential for a safe and happy life, and the husband, being duty-bound to maintain his wife and son, should not have disconnected the supply.
The court observed that since the woman has the right to reside in the shared household as her matrimonial home, it is necessary to protect her access to basic amenities like electricity.
The court issued an interim order to restore electricity, ensuring the woman’s right to residence remains meaningful.