Question

Based on the given excerpt from the judgment, which of the following judgments is related to enforcement of orders of maintenance and successive claims by parties in matrimonial proceedings?

• A. Smriti Madan Kansagra v. Perry Kansagra, 2020 SCC OnLine SC 1003.
• B. Rajnesh v. Neha, (2021) 2 SCC 324.
• C. Roshina T. v. Abdul Azeez K.T., (2019) 2 SCC 329.
• D. Manju Saxena v. Union of India, (2019) 2 SCC 628
• A. Maintenance Pendente lite, expenses of proceedings, permanent alimony and maintenance.
• B. Expenses of proceedings, permanent alimony and maintenance.
• C. Maintenance Pendente lite, permanent alimony and maintenance.
• D. Maintenance Pendente lite, expenses of proceedings, permanent alimony.
• A. The Parsi Marriage and Divorce Act, 1936.
• B. The Special Marriage Act, 1954.
• C. The Prohibition of Child Marriage Act, 2006.
• D. The Muslim Women (Protection of Rights on Marriage) Act, 2019.
• A. Where successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or setoff of the amount awarded in previous proceedings.
• B. If the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding.
• C. It is not mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding.
• D. The affidavit of disclosure of assets and liabilities as applicable, shall be filed by both parties in all maintenance proceedings, including pending proceedings before any other court, as the case may be.
• A. It provides for maintenance to wife/wives, illegitimate and legitimate children and parents
• B. A wife shall not be entitled to receive maintenance as per this provision from her husband 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.
• C. A magistrate has been given wide powers under this provision
• D. As per the explanation under this provision, wife does not include a woman who has been divorced by, or has obtained a divorce from, her husband but includes a woman who has remarried.
• A. It is a special legislation which was enacted to provide for maintenance to wife during the subsistence of the marriage.
• B. The Supreme Court of India considered the interplay between the claim for maintenance under the Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956 in Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406
• C. Section 18 of the Act provides that a Hindu wife shall be entitled to be maintained by her husband during her lifetime.
• D. As per Section 18 of the Act, a Hindu wife is not entitled to make a claim for a separate residence from her husband, without forfeiting her right to maintenance.

Answer 1

The Correct Option is B

Based on the excerpt from the judgment, the discussion revolves around the enforcement of maintenance orders and the challenge of successive claims in matrimonial proceedings. The Supreme Court has addressed the issue that the primary purpose of maintenance laws is to support the dependent spouse financially after separation. It notes the difficulties arising from delayed enforcement of maintenance payments and emphasizes that any delays undermine the law's objectives. The context provided aligns with the decision in

Rajnesh v. Neha, (2021) 2 SCC 324.

, which likely deals comprehensively with these issues. Therefore, the correct judgment related to enforcement of orders of maintenance and addressing successive claims in matrimonial proceedings is Rajnesh v. Neha, (2021) 2 SCC 324.

Answer 2

The Hindu Marriage Act, 1955 provides certain reliefs to the parties involved in matrimonial disputes. These reliefs are particularly focused on maintenance and financial assistance to ensure fairness and support for the dependent spouse during and after legal proceedings.

The reliefs provided under the Hindu Marriage Act, 1955 include:

1. Maintenance Pendente Lite: This is a temporary financial support granted to a spouse during the pendency of matrimonial litigation. The purpose is to provide financial aid to the spouse who may be financially weaker while the proceedings are ongoing.
2. Expenses of Proceedings: This provision allows the spouse with insufficient resources to seek financial assistance for covering the cost of legal proceedings. It is aimed at ensuring that the spouse can adequately represent themselves in the court.
3. Permanent Alimony and Maintenance: After the court decides on the matrimonial dispute, it may grant permanent alimony for the maintenance of the spouse, ensuring their financial security post-divorce or judicial separation. This is especially important for a spouse who may not have the means to support themselves.

In the context of the given options, the correct answer is the option that includes all three types of reliefs offered under the Act: Maintenance Pendente Lite, Expenses of Proceedings, and Permanent Alimony and Maintenance. Therefore, the correct answer is: Maintenance Pendente lite, expenses of proceedings, permanent alimony and maintenance.

Answer 3

The question asks us to identify which statute does not contain provisions relating to maintenance. Let's analyze each option:

• The Parsi Marriage and Divorce Act, 1936: This act includes provisions for maintenance and alimony under section 39 for a spouse post-divorce.
• The Special Marriage Act, 1954: As per sections 36 and 37, this act includes maintenance provisions for spouses during and after the proceedings of divorce.
• The Prohibition of Child Marriage Act, 2006: This act does not focus on marriage maintenance provisions. Its primary purpose is to prohibit and eliminate child marriages.
• The Muslim Women (Protection of Rights on Marriage) Act, 2019: This act primarily addresses the right of Muslim women to maintenance following the practice of "triple talaq" but not in a general maintenance context as found in other acts mentioned.

Among the options, the act that does not contain generalized provisions specifically dedicated to maintenance, as opposed to a context-specific provision, is The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Answer 4

The Supreme Court of India, in its judgements relating to the orders of maintenance and successive claims by parties in matrimonial proceedings, has provided several directions. These are aimed at ensuring that maintenance orders are effectively enforced and that financial assistance reaches the dependant spouse promptly. Below are the options provided and the one which does not align with the Supreme Court's directions:

• Where successive claims for maintenance are made by a party under different statutes, the court would consider an adjustment or setoff of the amount awarded in previous proceedings.
• If the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding.
• It is not mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding.
• The affidavit of disclosure of assets and liabilities as applicable, shall be filed by both parties in all maintenance proceedings, including pending proceedings before any other court, as the case may be.

The option that does not represent a direction given by the Supreme Court is: "It is not mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding." In fact, disclosure of previous proceedings is crucial for ensuring that maintenance orders are rightly adjusted and effectively enforced across various proceedings.

Answer 5

In order to determine which statement is not correct as per Section 125 of the Code of Criminal Procedure, 1973, we should evaluate each given statement against the actual provisions of the law:

1. Provision of Maintenance: It correctly provides for maintenance to wife/wives, illegitimate and legitimate children, and parents.
2. Wife's Entitlement to Maintenance: A wife is indeed not entitled to receive maintenance if she is living in adultery, or without reason refuses to live with her husband, or if they live separately by mutual consent. This statement is correct as per the law.
3. Magistrate's Powers: The provision indeed grants wide powers to a magistrate to decide on maintenance matters. This statement aligns with the law.
4. Explanation Concerning Wife: This statement is not correct. Section 125 includes in the definition of 'wife' a woman who is divorced but has not remarried, which contradicts the statement.

Thus, the incorrect statement as per Section 125 is: "As per the explanation under this provision, wife does not include a woman who has been divorced by, or has obtained a divorce from, her husband but includes a woman who has remarried."

Answer 6

The Hindu Adoptions and Maintenance Act, 1956, is a significant piece of legislation in Indian law, primarily addressing issues related to adoption and maintenance among Hindus. It comprises various sections outlining the rights and obligations of individuals within Hindu families regarding maintenance. One notable section is Section 18, which provides specific rights to Hindu wives.

1. Section 18 of the Act: This section stipulates that a Hindu wife is entitled to be maintained by her husband during her lifetime. However, this entitlement is bound by certain conditions and interpretations.

2. Correct Provision: According to Section 18, a Hindu wife cannot claim a separate residence from her husband without forfeiting her right to maintenance. This particular provision ensures that while the wife is entitled to maintenance, her right to demand a separate residence is restricted under certain circumstances.

3. Judicial Interpretation: The Supreme Court of India has dealt with numerous cases interpreting the provisions of maintenance under both the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956. In Chand Dhawan v. Jawaharlal Dhawan, the interplay between these acts was considered.

Correct Statement

As per Section 18 of the Act, a Hindu wife is not entitled to make a claim for a separate residence from her husband, without forfeiting her right to maintenance.

This highlights the balance between the right to maintenance and the conditions under which it is claimed. The legislation aims to safeguard the financial stability of spouses, ensuring fair application and enforcement in legal proceedings.