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Law of Maintenance — MCQs

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  1. Under Section 18(1), a Hindu wife is entitled to maintenance:

    • Only if she has no income
    • From her husband during her lifetime (correct answer)
    • Only for the first five years of marriage
    • Only if she is childless

    Explanation. Section 18(1) gives her a standing lifetime right to maintenance, regardless of when the marriage was solemnised.

  2. Which of these is NOT a ground under Section 18(2) letting a wife live separately and still claim maintenance?

    • Desertion by the husband
    • Cruelty by the husband
    • The wife being unchaste (correct answer)
    • Bigamy by the husband

    Explanation. The wife's own unchastity is not a Section 18(2) ground — it is instead the Section 18(3) bar on her own claim.

  3. Under Section 18(3), a wife's maintenance claim is barred if:

    • The husband converts to another religion
    • She herself is unchaste or she herself converts to another religion (correct answer)
    • The husband remarries
    • She takes up a job

    Explanation. Section 18(3) bars her claim only in these two specific situations relating to her own conduct.

  4. If the husband converts to another religion, under Section 18(2)(f), the wife's right to maintenance:

    • Is barred
    • Is preserved (correct answer)
    • Needs fresh court approval
    • Ends automatically

    Explanation. His conversion is a ground under Section 18(2)(f) that preserves her maintenance claim.

  5. Section 3(b) defines 'maintenance' to include all of these EXCEPT:

    • Food
    • Clothing
    • Residence
    • Entertainment expenses (correct answer)

    Explanation. Section 3(b) covers food, clothing, residence, education, and medical care — not entertainment expenses.

  6. For an unmarried daughter, the definition of maintenance under Section 3(b) additionally includes:

    • Reasonable expenses of her marriage (correct answer)
    • Her business capital
    • Her father's medical bills
    • None of these

    Explanation. Section 3(b) extends the definition to include reasonable marriage-related expenses for an unmarried daughter.

  7. Under Section 23(2), which factor is NOT considered in fixing the amount of maintenance?

    • Position and status of the parties
    • The claimant's reasonable wants
    • The claimant's own property and income
    • The claimant's caste (correct answer)

    Explanation. Section 23(2) lists status, reasonable wants, own resources, and justification for separate living — not caste.

  8. If a husband keeps a concubine in the same house as his wife, under Section 18(2)(e), the wife:

    • Loses her maintenance rights
    • Can live separately and still claim maintenance (correct answer)
    • Must seek divorce first
    • Has no remedy at all

    Explanation. Concubinage under Section 18(2)(e) is itself a ground preserving her right to live separately and claim maintenance.

  9. Under Section 19 of the Hindu Adoptions and Maintenance Act, a widowed daughter-in-law can claim maintenance from her father-in-law only if:

    • She is unable to maintain herself and cannot obtain it from the listed sources (correct answer)
    • She lives in his house
    • She has remarried
    • He is a Karta

    Explanation. The right exists only to the extent she cannot maintain herself and cannot get maintenance from her husband's estate, her parents or her children; it ends on remarriage.

  10. Under Section 25 of the Hindu Adoptions and Maintenance Act, the amount of maintenance may be altered:

    • Never
    • If there is a material change in circumstances (correct answer)
    • Only by the claimant
    • Only after five years

    Explanation. Section 25 allows alteration, whether the amount was fixed by decree or agreement, on a material change in circumstances.

  11. Under Section 20(1), whom is a Hindu bound to maintain during their lifetime?

    • Only legitimate children
    • Legitimate/illegitimate children and aged/infirm parents (correct answer)
    • Only aged parents
    • Only a spouse

    Explanation. Section 20(1) covers both legitimate and illegitimate children, and aged or infirm parents.

  12. Under Section 20(2), a minor child's maintenance claim is based on:

    • Proof of actual need
    • Minority itself (correct answer)
    • Court discretion alone
    • None of these

    Explanation. A minor child's claim is essentially automatic — minority alone is enough, no separate proof of need is required.

  13. Under Section 20(3), an aged parent's maintenance claim depends on:

    • Age alone
    • Inability to maintain themselves from their own resources (correct answer)
    • Marital status
    • Nothing at all

    Explanation. Section 20(3)'s test is need-based — the parent must show they cannot support themselves.

  14. The Explanation to Section 20 extends 'parent' to include:

    • A stepfather
    • A childless stepmother (correct answer)
    • A grandparent
    • An uncle

    Explanation. The Explanation specifically includes a childless stepmother within the meaning of 'parent'.

  15. Section 21 of the Hindu Adoptions and Maintenance Act, 1956 defines:

    • Guardians
    • Dependants (correct answer)
    • Minors
    • Adoptive parents

    Explanation. Section 21 lists relatives of a deceased Hindu who count as 'dependants' entitled to support from the estate.

  16. Under Section 22, who is liable to maintain the dependants of a deceased Hindu?

    • The State
    • The heirs who inherit the estate (correct answer)
    • Only the eldest son
    • No one

    Explanation. Section 22 places the obligation on the heirs, out of the estate they have actually inherited.

  17. Section 144 of the BNSS, which carries forward section 125 of the CrPC, applies to:

    • Only Hindus
    • Persons of every religion (correct answer)
    • Only minors
    • Only widows

    Explanation. Section 144 of the BNSS applies to persons of every religion, in addition to the maintenance remedies in the Hindu Adoptions and Maintenance Act.

  18. Under Section 22(3), each heir's liability to maintain a dependant is:

    • Equal, regardless of the share taken
    • In proportion to the value of the share taken (correct answer)
    • Zero
    • Decided by the court alone, with no formula

    Explanation. Section 22(3) makes each heir's liability proportional to the value of the share or part of the estate they took.

  19. Under Section 26 of the Hindu Adoptions and Maintenance Act, debts of the deceased:

    • Rank after dependants' maintenance claims
    • Have priority over dependants' claims for maintenance (correct answer)
    • Are ignored
    • Are shared equally with dependants

    Explanation. Section 26: debts of every description have priority over the claims of dependants, subject to Section 27.

  20. Under Section 22, the liability of the heirs to maintain dependants is:

    • Equal for all
    • In proportion to the value of the share each takes (correct answer)
    • Only on the eldest heir
    • Only on sons

    Explanation. Section 22(3): the liability of each person who takes the estate is in proportion to the value of the share taken.

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