Sonam and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Court No. - 2 Case :- WRIT - C No. - 6079 of 2025 Petitioner :- Sonam And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Petitioner :- Saurabh Kumar Shukla,Prem Prakash Pandey Counsel for Respondent :- C.S.C.,Aprajita Bansal,Ashish Kumar Pandey,Jitendra Vikram Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard Shri Saurabh Kumar Shukla, learned counsel for the petitioners, learned Standing Counsel appearing on behalf of respondents no.1 and 2. Ms. Shreya Pahwa, Advocate holding brief of Ms. Aprajita Bansal has accepted notice on behalf of respondents no.3 to 5. Vakalatnama has been filed by Shri Jitendra Vikram, Advocate on behalf of opposite party no.6 and by Shri Ashish Kumar Pandey, learned counsel for opposite party no.7. The petitioner is the wife of respondent no.6, i.e., Anshul Varshney and sister in law of respondent no.7 namely Jaideep Varshney. It has been submitted that the petitioner and opposite party no.6 who are husband and wife, are having a matrimonial dispute due to which proceedings for divorce under Section 13 A of Hindu Marriage Act are also pending before the Principal Judge, Family Court, Lucknow and an FIR has also been lodged by the petitioner at police station Indira Nagar, District Lucknow being FIR No.120/2024 under sections 498 A, 323, 504, 506 IPC and 3 / 4 of Dowry Prohibition Act. It is in the aforesaid circumstances that the petitioner has submitted that she is subject of domestic violence by her in laws and has also initiated proceedings under section 12 of Domestic Violence Act, 2005 before the learned Additional Chief Judicial Magistrate-II, Lucknow in Suit No.8/23 which is pending consideration. It has been submitted that the petitioner is presently residing in the shared matrimonial house no.638/16,

Shashi

Kutir,

Opposite

City International School, Manas Vihar, Indira Nagar, Lucknow and in order to harass the petitioner, the respondent no.7 in whose name the premises are recorded has disconnected the electricity on

05.6.2025. It is in the aforesaid circumstances, the petitioner had moved an application for obtaining a fresh electricity connection in her name by moving an application to opposite party no.3-Executive Engineer, Madhyanchal Vidyut Vitran Nigam, Limited , Munshi Puliya, Indira Nagar, Lucknow. Accordingly, in the aforesaid circumstances, the petitioner has approached this Court with the prayer to the Electricity Department to provide a domestic electricity connection in the shared matrimonial house situated at 638/16, Shashi Kutir, Opposite City International School, Manas Vihar, Indira Nagar, Lucknow. The petition has been vehemently opposed by respondents no.6 and 7 but it could not be denied that the petitioner is still residing in the premises in the shared matrimonial house situated at 638/16, Shashi Kutir, Opposite City International School, Manas Vihar, Indira Nagar, Lucknow. Till such time the petitioner is legal occupant of the said premises, she is entitled for an electricity connection and Ms. Shreya Pahwa, Advocate appearing on behalf of Electricity Department informs this Court that even the Electricity Department does not have any objection in providing electricity connection in case petitioner fulfils all the conditions including provides an indemnity bond to the Electricity Department. Accordingly, without entering into the disputed question of fact pertaining to the domestic violence or matrimonial dispute pending between the parties, this Court is of the considered view that petitioner is certainly entitled to electricity connection for which purposes the respondent no.3 is directed to give a list of documents along with other formalities which are to be completed by the petitioner within next one week. The petitioner will complete all the formalities within three days thereafter. In case, all the formalities are completed, the electricity connection shall be provided to the petitioner forthwith by respondent no.3. With the aforesaid directions, writ petition stands disposed of. In case, the regular electricity connection cannot be provided in the next ten days the respondents shall proceed to provide temporary electricity connection on expiry of next ten days till such time a regular connection is provided. Order Date :- 26.6.2025 mks (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) High Court of Judicature at Allahabad, Lucknow Bench