Pay For New Gas Connection For Wife: Bombay HC Directs Husband In Case Of Domestic Violence [Read Order]

The Bombay High Court recently directed one Jivesh Shetty to pay for a new gas connection in the name of his wife as she informed the court that her mother-in-law had removed cooking gas, refrigerator and washing machine out of their matrimonial home on March 16.

Justice Mridula Bhatkar was hearing a criminal writ petition filed by Shetty challenging an order of the sessions court dated April 11, 2019. In the order, the sessions judge had directed Shetty to restore all facilities taken away from his wife and a five-year-old child.

This order was passed in an application filed by the wife, which claimed that the mother-in-law had removed the washing machine and refrigerator from her matrimonial home, and restricted access to the gas cylinder and water filter.

The Supreme Court had appointed Justice Shri D.K. Deshmukh (Retd.) as a mediator and fixed the matter on May 2, 2019, for settlement.

Respondent wife's counsel Wezley Menezes submitted that his client was staying in the house without cooking gas, refrigerator and washing machine. He further submitted that though there are gas connection and gas stove, cylinders are empty. The connection stands in the name of her mother-in-law (petitioner's mother), who is also staying with her. However, the mother-in-law is not giving consumer number of the said gas connection, therefore, the respondent wife is unable to cook in the house and she is dependent on the gas connection of the neighbour. She has a five-year-old child and a lot of inconvenience is being caused to her, Menzes said.

On the other hand, the petitioner's advocate Prashant Aher argued that the order passed by the sessions judge was illegal and should be stayed. He further stated that the wife's application before the sessions court was "artificial inconvenience created by the wife with a view to show this to the Hon'ble Supreme Court."

The court said: "The matter is fixed on 3rd May 2019. In between, the respondent no. 2/wife may apply for new gas connection in her name. If such application is made, the petitioner/husband is directed to pay all the charges of the new gas connection, regulator and gas stove beside his maintenance amount." 

Read the Order Here