Order For Maintenance Of Wives, Children And Parents MCQ Quiz in தமிழ் - Objective Question with Answer for Order For Maintenance Of Wives, Children And Parents - இலவச PDF ஐப் பதிவிறக்கவும்

The correct answer is concubine.

Key Points

• Section 125 of the CrPC provides for the Order for maintenance of wives, children and parents.
• It states that —(1) If any person having sufficient means neglects or refuses to maintain—
  (a) his wife, unable to maintain herself, or
  (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
  (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
  (d) his father or mother, unable to maintain himself or herself,
  a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
  Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
  Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
  Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. 
  Explanation.—For the purposes of this Chapter,—
  (a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;
  (b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
  (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
  (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s 2 [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
  Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
  Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
  Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
  (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
  (5) On proof that any wife in whose favour an order has been made under this section in living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent.

See Section 125(4) of Cr.P.C.

No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

The correct answer is option 1.Key Points

• Maintenance in common parlance would mean the providing of food, shelter and money which is fair and reasonable. 
• Section 125 of Cr.P.C. provides of Order for maintenance of wives, children and parents.
• ​Sub-section (1) says If any person having sufficient means neglects or refuses to maintain:
  • His wife, unable to maintain herself, or
  • His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
  • His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such Child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
  • His father or mother, unable to maintain himself or herself,
• Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit. 
• Magistrate may order the father of a minor female child to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
• Magistrate may, during the pendency of the proceeding, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct.
• Application for the monthly allowance for the interim maintenance and expenses of proceeding shall, be disposed of within sixty days from the date of the service of notice of the application to such person.
• Sub-section (4) says No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if-
  • She is living in adultery, or 
  • Without any sufficient reason, She refuses to live with her husband, or
  • If they are living separately by mutual consent.

The correct answer is option 1.Key Points

• Maintenance in common parlance would mean the providing of food, shelter and money which is fair and reasonable. 
• Section 125 of Cr.P.C. provides of Order for maintenance of wives, children and parents.
• ​Sub-section (1) says If any person having sufficient means neglects or refuses to maintain:
  • His wife, unable to maintain herself, or
  • His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
  • His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such Child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
  • His father or mother, unable to maintain himself or herself,
• Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit. 
• Magistrate may order the father of a minor female child to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
• Magistrate may, during the pendency of the proceeding, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct.
• Application for the monthly allowance for the interim maintenance and expenses of proceeding shall, be disposed of within sixty days from the date of the service of notice of the application to such person.
• Sub-section (4) says No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if-
  • She is living in adultery, or 
  • Without any sufficient reason, She refuses to live with her husband, or
  • If they are living separately by mutual consent.

The correct answer is Option 2.

Key Points

• Section 125, Cr.P.C. is a piece of social legislation which provides for a summary and speedy relief by way of maintenance to a wife who is unable to maintain herself and her children. Section 125 is not intended to provide for a full and final determination of the status and personal rights of parties, which is in the nature of a civil proceeding, though are governed by the provisions of the Cr.P.C. and the order made under Section 125, Cr.P.C. is tentative and is subject to final determination of the rights in a civil court.

The correct answer is All of the above

Key Points
 

An order to pay monthly allowance for maintenance under Section 125 of the Code in favor of a married woman and against her husband may be canceled if the following conditions are met:

• Reconciliation and resumption of cohabitation: If the estranged couple reconciles and resumes cohabitation, the maintenance order becomes void.

• Wife's financial independence: If the wife becomes financially independent and is no longer dependent on her husband for maintenance, the order can be canceled.

• Husband's financial deterioration: If the husband's financial situation worsens significantly, making it difficult for him to continue paying maintenance, the court may consider canceling or modifying the order.

• Wife's remarriage: Upon the wife's remarriage, the responsibility for her maintenance shifts to her new husband, and the order against her previous husband is automatically canceled.

• Wife's adultery: If the wife commits adultery, it may be considered a ground for canceling the maintenance order. However, the court will carefully consider the circumstances of the adultery and whether it was a one-time incident or an ongoing affair.

• Wife's unreasonable or disobedient behavior: If the wife's behavior becomes unreasonable or disobedient, it may be considered a ground for canceling the maintenance order. However, the court will carefully consider the nature of the behavior and whether it justifies the cancellation of maintenance.

• Wife's unjustified separation: If the husband can prove that the wife has been living separately without any reasonable justification, the court may consider canceling the maintenance order.

• Fraudulent maintenance application: If the court finds that the wife's application for maintenance was based on false information or fraudulent claims, the order may be canceled.

It is important to note that these are just general guidelines, and the specific grounds for canceling a maintenance order may vary depending on the circumstances of each case. The court will always consider the best interests of the wife and children involved when making a decision about maintenance orders.

The correct answer is option 3) Mohd. Ahmed Khan v. Shah Bano Begum

Key Points

•  Mohd. Ahmed Khan v. Shah Bano Begum- Clause (b) of the Explanation to Section 125(1), which defines 'wife' as including a divorced wife, contains no words of limitation to justify the exclusion of Muslim women from its scope. 
• The Supreme Court held that Section 125 is secular in nature and would prevail over the personal law of the parties, in cases where they are in conflict.

The correct answer is One year from the date on which it becomes due.

Key Points 

Period of limitation for execution of the order of maintenance under Section 125 Cr. P.C.:

• The period of limitation for execution of the order of maintenance under Section 125 Cr. P.C. is one year from the date on which the amount becomes due.
• This means that an application to the court to levy the amount of maintenance must be made within one year of the date on which the maintenance payment was due.
• This limitation period is specifically provided for in the proviso to Section 125(3) of the Cr. P.C.
• This limitation period is applicable only to the execution of the maintenance order, i.e., the recovery of the arrears of maintenance.
• It does not affect the right to apply for maintenance under Section 125 Cr. P.C., which is not time-barred.