By the notion of gender equality, men and women should be equal. The constitution of India considers all its citizens equal. Women also demands equality with men. This equality should be equal in all means. I completely support equality between men and women. Since they are equal they should also stand for themselves. I wrote in my previous post why all educated and able bodied women should work. If they are not working without any substantial reason they are skipping their responsibility towards the society and nation. This argument in itself should not entitle them to any maintenance.
Lets take some scenarios and see how maintenance works in Indian courts:
Lets take situation # 1:
Husband is a graduate and wife is also graduate. So education wise they are equal. Also, both of them are working. Husband is earning Rs 50,000 and wife is earning Rs 30,000. In such a case typically no maintenance is ordered if no child is involved.
Situation # 2:
Husband is a graduate and wife is post graduate. Education wise wife is more educated. Also, both of them are working and wife is earning more. In such a case, typically no maintenance is ordered if no child is involved.
Situation # 3:
Husband is a post graduate and wife is a graduate. Education wise husband is more educated. Also, both of them are working and husband is earning way more than the wife. Say husband is earning Rs 100,000 and wife is earning Rs 20,000. In such case as well maintenance may not be ordered provided it is proved that she went to court with unclean hands and cruelty grounds.
Situation # 4:
Husband is a graduate and wife is post graduate. Husband is working and wife is not working. In such a case normally courts order a maintenance. But the amount of maintenance will depend on husband’s earning, his obligations like loans, house rent, monthly expenditure, health insurance, parents treatment etc.
For educated non working wife, it should be highlighted that they are educated and capable. Why they are not working? In case she was working before marriage, this should be presented before the court with proofs. As she was working before marriage, she is very much capable of working. She has left job after or before marriage.
Women always says they are equal to men and demands equality. Then what happens when it comes to matrimonial cases. Here they become incapacitated. If they are equal (I believe so) then they should also contribute to the marital household. If a dispute arises between husband and wife and if it is not reconcilable then she should probably go her way and work for herself. No one in the society provides for men if he does not work. He will be made fun of. Then how it is a gender equality when the women is not working. If a women cannot wok for some reason or has a medical condition that can be considered but how about healthy and educated women. If we take this into consideration then many women are saying that women are not equal.