Question

Which of the following persons are not entitled to claim maintenance under Section 125(4) Criminal Procedure Code ?

• A. Wife living in adultery
• B. Wife living separately by mutual consent
• C. Both (a) and (b)
• D. None of the above

Answer 1

The Correct Option is C

The legal provision under Section 125(4) of the Criminal Procedure Code specifies instances where certain individuals are not entitled to claim maintenance. Section 125 pertains to the maintenance of wives, children, and parents, ensuring that those unable to support themselves are entitled to seek financial support. However, there are exceptions to this entitlement.

The relevant part of the section states that a wife is not entitled to receive maintenance if she is living in adultery, or if she and her husband are living separately by mutual consent. Therefore, examining the given options:

• Wife living in adultery: Not entitled to maintenance under Section 125(4).
• Wife living separately by mutual consent: Also not entitled to maintenance under Section 125(4).

Given these explanations, the options that align with these provisions are:

• Both (a) and (b)

Thus, the correct answer is: Both (a) and (b)