Question

Who of the following Muslim is not entitled to maintenance

• A. Son who is a minor
• B. Daughter who is not married
• C. Grand parents
• D. An Illegitimate son

Hint:

When answering questions on maintenance in Family Law, always consider if the question refers to the personal law (e.g., Hindu Adoptions and Maintenance Act, Muslim Personal Law) or the secular law (Section 125 CrPC), as the rights and obligations can differ.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks who among the given relations is not entitled to claim maintenance from a person under Muslim Personal Law.

Step 3: Detailed Explanation:
Under Muslim Personal Law, a person has an obligation to maintain certain relatives. - (A) Son who is a minor: A father is obliged to maintain his minor son until he attains puberty. - (B) Daughter who is not married: A father is obliged to maintain his unmarried daughter until she gets married, regardless of her age. - (C) Grand parents: If they are indigent (poor and unable to maintain themselves), a person who has the means to do so is obliged to maintain their grandparents. - (D) An Illegitimate son: Under Hanafi (Sunni) law, a putative father has no obligation to maintain his illegitimate child. The obligation to maintain an illegitimate child falls on the mother. Shia law recognizes the obligation of the father to maintain his illegitimate children. However, the general rule, particularly under Hanafi law which is followed by the majority of Muslims in India, is that the father is not liable. It is important to note that under the secular law, Section 125 of the CrPC, a father is obliged to maintain his illegitimate minor child. But the question is implicitly about Muslim Personal Law.

Step 4: Final Answer:
Under traditional Hanafi Muslim law, an illegitimate son is not entitled to claim maintenance from his putative father.