Comprehension
The Supreme Court of India has held that the rationale of granting maintenance from the date of application finds its roots in the object of enacting maintenance legislations, so as to enable the wife to overcome the financial crunch which occurs on separation from the husband. Financial constraints of a dependant spouse hamper their capacity to be effectively represented before the Court. Enforcement of the order of maintenance is the most challenging issue, which is encountered by the applicants. If maintenance is not paid in a timely manner, it defeats the very object of the social welfare legislation. Execution petitions usually remain pending for months, if not years, which completely nullifies the object of the law.
Question: 1
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?
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?
Updated On: Jul 11, 2024
- Smriti Madan Kansagra v. Perry Kansagra, 2020 SCC OnLine SC 1003.
- Rajnesh v. Neha, (2021) 2 SCC 324.
- Roshina T. v. Abdul Azeez K.T., (2019) 2 SCC 329.
- Manju Saxena v. Union of India, (2019) 2 SCC 628
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Rajnesh v. Neha, (2021) 2 SCC 324.
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Question: 2
Which of the following reliefs does the Hindu Marriage Act, 1955 provide?
Which of the following reliefs does the Hindu Marriage Act, 1955 provide?
Updated On: Jul 11, 2024
- Maintenance Pendente lite, expenses of proceedings, permanent alimony and maintenance.
- Expenses of proceedings, permanent alimony and maintenance.
- Maintenance Pendente lite, permanent alimony and maintenance.
- Maintenance Pendente lite, expenses of proceedings, permanent alimony.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Maintenance Pendente lite, expenses of proceedings, permanent alimony and maintenance.
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Question: 3
Which of the following statutes does not contain provisions relating to maintenance?
Which of the following statutes does not contain provisions relating to maintenance?
Updated On: Jul 11, 2024
- The Parsi Marriage and Divorce Act, 1936.
- The Special Marriage Act, 1954.
- The Prohibition of Child Marriage Act, 2006.
- The Muslim Women (Protection of Rights on Marriage) Act, 2019.
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (B): The Muslim Women (Protection of Rights on Marriage) Act, 2019.
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Question: 4
Which of the following is not a direction given by Supreme Court of India in the judgement relating to orders of maintenance and successive claims by parties in matrimonial proceedings?
Which of the following is not a direction given by Supreme Court of India in the judgement relating to orders of maintenance and successive claims by parties in matrimonial proceedings?
Updated On: Aug 12, 2024
- 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.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): It is not mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding.
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Question: 5
Which of the following is not correct as per Section 125 of the Code of Criminal Procedure, 1973?
Which of the following is not correct as per Section 125 of the Code of Criminal Procedure, 1973?
Updated On: Aug 23, 2024
- It provides for maintenance to wife/wives, illegitimate and legitimate children and parents
- 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.
- A magistrate has been given wide powers under this provision
- 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.
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (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.
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Question: 6
Which of the following is correct about the Hindu Adoptions and Maintenance Act, 1956?
Which of the following is correct about the Hindu Adoptions and Maintenance Act, 1956?
Updated On: Aug 22, 2024
- It is a special legislation which was enacted to provide for maintenance to wife during the subsistence of the marriage.
- 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
- Section 18 of the Act provides that a Hindu wife shall be entitled to be maintained by her husband during her lifetime.
- 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.
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (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
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Before parting with the case, it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
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The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
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