Maintenance pendente lite — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Which section of the Hindu Marriage Act provides for maintenance pendente lite?

   • Section 24 (correct answer)
   • Section 25
   • Section 13
   • Section 9

   Explanation. Section 24 of the Hindu Marriage Act provides for maintenance pendente lite and litigation expenses.

2. Section 24 relief is available to:

   • Either spouse, in any proceeding under the Act (correct answer)
   • Only the wife
   • Only in divorce proceedings
   • Only after the final decree

   Explanation. Section 24 is gender-neutral and applies to any proceeding under the Hindu Marriage Act.

3. Under the proviso to Section 24, an application should, as far as possible, be disposed of within:

   • 60 days of service of notice (correct answer)
   • 6 months
   • 1 year
   • There is no time limit

   Explanation. The proviso to section 24 says the application is to be disposed of, as far as possible, within sixty days from the date of service of notice.

4. Permanent alimony under Section 25 can be ordered:

   • At the time of, or any time after, the decree (correct answer)
   • Only before the decree
   • Only to the wife
   • Only in mutual consent cases

   Explanation. Section 25 permits an order at the time of the decree, or any time thereafter on application.

5. Under Section 25(3), the court may vary, modify or rescind a permanent alimony order if the recipient:

   • Remarries (correct answer)
   • Moves to another city
   • Turns 60
   • Files an appeal

   Explanation. Section 25(3) lets the court vary, modify or rescind the order, at the other party's instance, if the recipient has remarried (or, for a wife, has not remained chaste, or, for a husband, has had intercourse outside wedlock).

6. In fixing permanent alimony under section 25, the court looks at:

   • The incomes and property of both parties, their conduct and other circumstances (correct answer)
   • Only the respondent's income
   • Only the length of marriage
   • Only the claimant's age

   Explanation. Section 25 allows a lump sum or a monthly sum for a term not exceeding the applicant's life. The court looks at the incomes and property of both, the conduct of the parties and other circumstances.

7. Interim orders on the custody, maintenance and education of minor children during a matrimonial proceeding are made under:

   • Section 26 (correct answer)
   • Section 9
   • Section 11
   • Section 13

   Explanation. Section 26 provides for interim orders on the custody, maintenance and education of minor children, with the same sixty-day target for maintenance and education.

8. A spouse who is capable of earning but is not currently earning:

   • Is not automatically disqualified from maintenance pendente lite (correct answer)
   • Is always disqualified from maintenance
   • Must prove permanent disability to claim maintenance
   • Can only claim maintenance under Section 25

   Explanation. Mere earning capacity, without actual sufficient independent income, does not defeat a Section 24 claim.

9. Under Rajnesh v. Neha (2021), each party in a maintenance case must file:

   • A character certificate
   • An affidavit of assets and liabilities in a set format (correct answer)
   • A marriage certificate only
   • A bank guarantee

   Explanation. The Supreme Court required disclosure affidavits so the court can fix the amount fairly.