Q: Discuss equality in maintenance according to constitution of India ?
Ans: Article 39 of the Indian Constitution, which falls within the broad header of the Directive Principles of State Policy, states, among other things, that the State shall direct its policies toward ensuring that all citizens, men and women alike, have access to a sufficient means of subsistence, that children are provided with opportunities as well as facilities to develop in a healthy and dignified manner, and that childhood and youth are protected from exploitation and moral and material abandonment. The very principle of this article has been incorporated in Sections 24 and 25 of the Hindu Marriage Act, 1955.
It is true that Section 24 of the Hindu Marriage Act, 1955 (maintenance pendente lite ) allows any party to file a maintenance application if the other party is able to give maintenance and the other party has no means of sustenance.
These are the two noteworthy provisions that must be taken into consideration while talking about the maintenance . Both these provisions are gender-neutral in their approach and can not harass husband for maintenance when wife is abled body and educated as well as can do the job.
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