HC seeks BMC's response over lack of crematoriums for crematoriums
Following a news report highlighting the delay in setting up of the crematoriums in Deonar, the division bench of chief justice Alok Aradhe and justice Sandeep V Marne had initiated a suo moto public interest litigation (PIL) on June 11. Taking note of the situation, the bench observed that technical difficulties were the reason for the delay.
In 2018, the BMC announced its plan to set up three pet crematoriums in Malad, Mahalaxmi and Deonar. The facilities were supposed to be set up by 2024, likely powered by a PNG incinerator and provide space for at least five animals at a time.
The PNG-powered crematorium in Malad was inaugurated in September 2023. The counsel for the BMC informed the court that a fully functional electric crematorium, with a carrying capacity of 50kg, was also established at Mahalaxmi. The one at Deonar, however, was delayed and set to be opened in May 2025. The project would be further delayed due to the monsoon. BMC's counsel sought time from the court to furnish its reply on the progress of the work.
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In the present case though the wife is earning, the said income is not sufficient for her own maintenance since she has to travel daily a long distance for her job. She is staying with her parents which she cannot stay indefinitely. Because of her meager earning, she is constrained to stay in the house of her brother along with her parents causing inconvenience and hardship to all of them. In such an income she is not in a position to live a decent life. As against, it if compared against the Petitioner's income, his income is far more than the Respondent-wife's, with no financial responsibilities on him. Even assuming the certain expenses must be necessary for the maintenance of himself and the family members whom he is obliged to maintain, the amount that remains is sufficient enough to enable him to support the Respondent-wife as per the order passed by the Judge, Family Court at Bandra. 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Soon after the husband filed for divorce, the wife submitted a maintenance petition in high court while hearing the maintenance petition noted that the husband lives in a posh locality in Mumbai and his father also gets pension while the wife is a school teacher and lives with her parents who in turn live at their brother's Bombay High Court said: 'Because of her meager earning, she is constrained to stay in the house of her brother along with her parents causing inconvenience and hardship to all of them. In such an income she is not in a position to live a decent life. As against it, if compared against the Petitioner's (husband's) income, his income is far more than the Respondent-wife's, with no financial responsibilities on him.'The husband did not want to pay any maintenance money as he alleged that he might be earning a more than her but he had necessary expenses like looking after his senior citizen parents. 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The legal arguments and insights from this case can help you in similar to the order of the Bombay High Court dated June 18, 2025, here are the details:The husband challenged this order and filed an appeal in the Bombay High Bombay High Court said:(No part of the judgement is changed and everything is as per what the court said)The Bombay High Court said: 'There is a huge disparity in the income of the Petitioner and the Respondent, which cannot be compared. The Respondent-wife is certainly entitled to be maintained with the same standard of living as she was accustomed to before their separation. While determining the quantum of maintenance, the considerations that are required to be taken into consideration are the income of the respective parties; their age; their responsibilities; their reasonable needs; necessities and income derived from other sources, if any.'The Bombay High Court said: 'A useful reference can be made to the recent decision of the Supreme Court in Pravin Kumar Jain V/s. Anju Jain. The Hon'ble Supreme Court in this judgment has once again reiterated the guidelines for fixing the amount of maintenance. Though it is observed that there cannot be a strict guidelines or fixed formula, but referring to the earlier judgments, the Hon'ble Supreme Court has provided the factors to be looked into while granting maintenance, which reads thus:The Bombay High Court said: 'The factors have been laid down on the basis of the judgment of the Hon'ble Supreme Court in Rajnesh V/s. Neha and Anr. 2 as well as Kiran Jyot Maini V/s. Anish Pramod Patel.3 Applying the above factors to the fact of the present case, the wife needs to be granted maintenance from the income of the husband since her own income is insufficient for her maintenance.'The Bombay High Court said:ET Wealth Online has asked various lawyers about what might be the significance of this judgement, here's what they said:The Court, reaffirmed that mere employment of the wife does not absolve the husband of his statutory obligation to provide for her sustenance, especially where her earnings are insufficient to maintain a standard of living commensurate with that enjoyed during the subsistence of the matrimonial ruling highlights that the principle of maintenance is not predicated solely on income but rather on the holistic assessment of the respective financial capacities of the parties, their standard of living, and reasonable importantly, the Court came down heavily on the suppression of material facts and misstatement of income by the Petitioner-husband, who had disclosed a drastically understated figure in his affidavit of assets and liabilities, which was palpably contradicted by salary slips placed on record by the judgment reinforces the guidelines set by the Hon'ble Supreme Court for grant of maintenance. Merely because a wife is working and having income is not sufficient for a husband to disclaim his liability to pay maintenance. For grant of maintenance, all the factors must be considered with the principle objective of maintaining the same standard of living that the wife was maintaining with the judgment reiterates the stand of the Supreme Court that even if the wife is educated and has an earning job , she is entitled to maintenance if her income is not sufficient to maintain the standard of living . This is a very significant ruling from the perspective of men. It raises alarming questions surrounding gender equality rights & men's rights. A rising trend of transferring all assets to parents before marriage is seen due to such judicial norms being mandated in the Court while ascertaining the interim maintenance to be paid to wife will consider these additional factors in addition to income earned by husband:(a) Income of the parents of the husband(b) Standard of life enjoyed by the wife in the matrimonial home.(c) Reasonable needs of the wife.(d) Assets owned by the the position taken by Bombay High Court, the husband must be very conscious while appealing an interim order of maintenance and must not base the challenge only on the income earned by him and his wife. Husbands while litigating the maintenance orders must look into the income of the family as a whole and the standard of life enjoyed by the wife in the matrimonial home.
