MCQ 27 Nov 2023

Daily Static MCQs for CLAT Prelims Exams - (27 November 2023)



The 3-judge bench of Ashok Bhushan. R. Subhash Reddy and MR shah, JJ has held that an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Hindu Adoptions Maintenance Act, 1956, provided she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/suit has to be under Section 20 of Act, 1956.The Court was hearing a case wherein a woman had filed an application under Section 125 CrPC against her husband, claiming maintenance for herself and her 3 children. While the Judicial Magistrate dismissed the application under Section 125 Cr.P.C. of the applicant and 2 of her children, the daughter’s application was allowed for grant of maintenance till she attained majority. The High Court dismissed the application filed under Section 482 Cr.P.C. of the appellant on the ground that since appellant has attained majority and is not suffering from any physical or mental abnormality, she is not entitled for any maintenance.

Senior Advocate Vibha Datta Makhija, appearing for the appellant submitted that even though the appellant had attained majority in 2005 but since she is unmarried, she is entitled to claim maintenance from her father. It was further contended that the High Court committed error in dismissing the application filed under Section 482 Cr.P.C. of the appellant on the wrong premise that since appellant has attained majority and is not suffering from any physical or mental abnormality, she is not entitled for any maintenance.

According to the respondents, as per Section 125 Cr.P.C., entitlement to claim maintenance by daughter, who has attained majority is confined to case where the person by reason of any physical or mental abnormality or injury unable to maintain herself and hence, High Court has rightly dismissed the application filed under Section 482 Cr.P.C. of the appellant since no case was made out to interfere in orders passed by the Judicial Magistrate and learned Revisional Court in exercise of jurisdiction under Section 482 Cr.P.C.

Question1:-Manisha is an orphan, her parents died in accident when she was only 3 years old and she is also abandoned by her relatives due to which she could not able to complete her education, she used to work at Rama’s house as a nanny. One day when Rahul’s parents visited Rama’s house they were mesmerised by her looks and immediately made marriage proposal to Manisha to marry their son Rahul. After few months they got married and within one year of marriage Manisha gave birth to a daughter. Afte 5 years of their marriage Manisha discovers Rahul’s relationship with Sia, who was his secretary and with whom he resides habitually. She wishes to leave her marital home with her daughter but she has no financial sustainability for herself and her daughter. Decide.
  • A. Manisha is not entitled to either a separate residence or maintenance from anyone.
  • B. Manisha is entitled to maintenance from Rahul’s parents, but not a separate residence.
  • C. Manisha is entitled to separate residence and maintenance from Rahul.
  • D. Manisha is only entitled to maintenance from Rahul, and not separate residence.
Answer is C is correct. Section 18 (2) (e) of the HAMA, 1956 provides that a Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance if her husband keeps a concubine and habitually resides with her either in the marital home or elsewhere. Therefore, option c is the correct answer.
Question2:-Consider the facts from the above question with a slight variation that after discovering her husband’s infidelity, Manisha ceases to be a Hindu by converting her religion to Islam. What effect will that have on her capacity of getting maintenance?
  • A. There will be no change and Manisha will be liable to be maintained.
  • B. The responsibility of maintaining Manisha will be removed from Rahul’s shoulders.
  • C. The maintenance amount will vary as per Manisha’s needs after the conversion.
  • D. The responsibility of maintenance will shift to Rahul’s family.
Answer is B is correct. Section 18 (3) states that a Hindu wife shall not be entitled to separate residence and maintenance from her husband if she ceases to be a Hindu by conversion to another religion. In the aforementioned case, this will absolve the liability of Rahul to maintain Manisha. Therefore, option b is the correct answer.
Question3:-Which of the following ‘dependants’ cannot claim maintenance under the HAMA, 1956?
  • A. An illegitimate minor son.
  • B. An infirm parent.
  • C. Predeceased son’s widow.
  • D. An illegitimate married daughter.
Answer is D is correct. Section 21 (ix) states clearly that the term ‘dependants’ pertains to the relatives of the deceased including an illegitimate daughter, who is liable for maintenance so long as she remains unmarried. Therefore, option d is the correct answer.
Question4:-Anisha is a Hindu woman who fell in love with one of her classmate Aslam, a Muslim boy. Anisha wants to marry him but due to different religion her parents did not agree for the marriage. So, Anisha decides to convert her religion and she was named as Alisha and performed Nikah with Aslam. After 7 years of Nikah, Alisha decides to separate from her husband legally and she seeks maintenance under section 125 of Crpc from her husband. Decide
  • A. Section 125 of Crpc is only applicable on Hindu married woman and not on Muslim married woman. So, Alisha will not be granted maintenance under this provision
  • B. Section 125 of Crpc is secular provision which knows no religion and equally applicable on every religion. So, Alisha will be granted maintenance under this provision.
  • C. Section 125 of Crpc is not applicable on those who converts their religion. So, Alisha will not be granted maintenance under this provision because she has converted her religion from Hindu to Muslim.
  • D. Can’t be determined
Answer is B is correct. In case of Shabana Bano vs. Imran Khan (2010) the Supreme Court, held that a Muslim woman can seek maintenance under Section 125 of CrPC and is not limited to the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The court emphasized that Section 125 CrPC is a secular provision and is applicable to all, irrespective of religion. Hence, B is the correct option.
Question5:-According to the Hindu Adoption and Maintenance Act, 1956, who among the following is liable to be maintained as per the provisions on ‘maintenance’?
1. Aged parents
2. Minor illegitimate children
3. Wife unable to maintain herself
4. Widowed daughter-in-law
  • A. Only 2 and 3.
  • B. 1, 3 and 4.
  • C. 1, 2 and 3.
  • D. All of the above.
Answer is D is correct. The Hindu Adoption and Maintenance Act, 1956, by virtue of Section 20 provides for the maintenance of aged parents and children, while Section 18 and Section 19 provide for the maintenance of wife and widowed daughter-in-law, respectively. Therefore, option d is the correct answer.

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