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 Option 4.

Key PointsSection 127: Alteration and Cancellation of Maintenance Order.

• The Magistrate shall cancel the order on the proof that the wife in whose favour an order has been made is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent [Section 125(5)]. Further, in the following cases, an award of maintenance made in favour of a divorced wife, may be cancelled [Section 127(3)].
  •  when the divorced wife remarries, the order of maintenance may be cancelled from the date of remarriage;
  • when the divorced wife has received, whether before or after the date of maintenance order, the whole of the sum which under any customary or personal law applicable to the parties, may be payable on such divorce;
  • when the divorced wife has voluntarily surrendered her right to maintenance after her divorce.

The correct option is Both I and II.

Key Points

• If we are dissatisfied with an order passed by a Magistrate under Section 125 of the Code of Criminal Procedure which deals with maintenance of wives, children, and parents, we have the option to revise the decision.
• The remedy available against the Magistrate order under section 125 is to file a revision application in the District and Sessions Court.
• Procedure of the Revision:-
  • File a revision application:- Apply to a revision application against the Magistrate's order within 30 days in the Sessions Court.
  • Grounds of Revision:- The revised application clearly states the grounds challenging the Magistrate's order.
    • Example:- These grounds may include legal errors, factual inaccuracies or any other substantial issues that affected the decision.
  • Supporting Documents:- Attach all relevant documents and evidence that support the case.
    • Example:- Financial records, proof of dependency or any other documents that can substantiate the claim.
  • Before 2001, Section 125 of the law didn't have a clear rule about giving temporary support while a maintenance application was being processed. However, courts realized that without this temporary help, the purpose of providing maintenance could fail. So, even though it was not explicitly mentioned, judges had the power to give interim support until the final decision was made.
  • Payment of Maintenance during the pendency of Revision:- The Sessions Court may have the authority to order interim maintenance during the pendency of the revision.
  • Final Decision:- The Sessions Court will review the case, hear arguments from both sides and make a decision. The decision of the Sessions Court will be final unless a further revision is allowed to a higher court.

The correct option is Section 125. 

Key Points

• Savitaben Somabhai  Bhatiya V. State of Gujarat
• Facts:-
  • The respondent was served notice but did not appear in the proceeding under Section 125 of the CrPC.
  • The petitioner alleged that the respondent deserted her two or three years after marrying her in 1986.
  • A male child was born out of wedlock and is now studying in an engineering college at Ooty.
  • The term 'wife' in Section 125 of the CrPC includes a woman who has been divorced by her husband or has obtained a divorce from her husband and has not remarried.
  • The respondent cannot claim to be the wife of the appellant unless it is established that the appellant was not married to Lakshmi.
  • The question of whether the appellant was married to the respondent or not can only be decided after a finding.
  • The inadequacy in law can only be amended by the legislature.
  • The Protection of Women from Domestic Violence Act of 2005 recognises a 'relationship like marriage' which is similar in nature to a common law marriage.
  • Not all live-in-relationships will amount to a relationship like marriage to get the benefit of the Act of 2005.
• Decision:-
  • The court held that a divorced wife is treated as a wife in section 125 of the CrPC but if a person has not even been married, obviously that person could not be divorced.
  • Hence, the respondent cannot claim to be the wife of the appellant unless it is established that the appellant was not married to Lakshmi.
  • The court also held that the Protection of Women from Domestic Violence Act of 2005 recognises a 'relationship like marriage' which is similar in nature to a common law marriage.
  • However, not all live-in relationships will amount to a relationship like marriage to get the benefit of the Act of 2005.
  • The Supreme Court held that only a woman who is legally wedded wife is entitled to get maintenance under section 125 of the CrPC.
  • The scope of maintenance can't be enlarged to women who are treated as wives but not legally married.

The correct answer is option 3.Key Points

• Section 125 of the Code of Criminal Procedure (CrPC) is a legal provision in India that deals with the maintenance of wives, children, and parents.
• It is aimed at providing financial support to individuals who are unable to maintain themselves.
• It 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,
• 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.

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.