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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Maintenance pendente lite - Judiciary Exams MCQ

Test: Maintenance pendente lite - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Maintenance pendente lite

Test: Maintenance pendente lite for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Maintenance pendente lite questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Maintenance pendente lite MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Maintenance pendente lite below.
Solutions of Test: Maintenance pendente lite questions in English are available as part of our Civil Law for Judiciary Exams for Judiciary Exams & Test: Maintenance pendente lite solutions in Hindi for Civil Law for Judiciary Exams course. Download more important topics, notes, lectures and mock test series for Judiciary Exams Exam by signing up for free. Attempt Test: Maintenance pendente lite | 15 questions in 15 minutes | Mock test for Judiciary Exams preparation | Free important questions MCQ to study Civil Law for Judiciary Exams for Judiciary Exams Exam | Download free PDF with solutions
Test: Maintenance pendente lite - Question 1
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What is the primary purpose of maintenance pendente lite in legal proceedings?

Detailed Solution for Test: Maintenance pendente lite - Question 1
Maintenance pendente lite serves the purpose of providing temporary financial assistance to a dependent spouse during ongoing legal proceedings, such as divorce or marital disputes. This ensures that the daily expenses and standard of living of the dependent spouse are maintained until a final decision is reached. It is a crucial aspect of family law that aims to support the financially dependent party during the litigation process.
Test: Maintenance pendente lite - Question 2
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What is the primary aim of maintenance in legal terms?

Detailed Solution for Test: Maintenance pendente lite - Question 2
Maintenance, in legal terms, primarily refers to providing financial aid to one of the parties involved in a legal dispute. This assistance aims to help the dependent party maintain their living standards, especially when they lack other sources of income.
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Test: Maintenance pendente lite - Question 3
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According to Section 24 of the Hindu Marriage Act, under what circumstances can a husband claim maintenance?

Detailed Solution for Test: Maintenance pendente lite - Question 3
According to Section 24 of the Hindu Marriage Act, a husband can claim maintenance if he proves to the Court that he is unable to support himself or maintain his living standards due to physical or mental health issues. This provision allows for assistance to be extended to the husband in cases where he faces challenges in sustaining himself.
Test: Maintenance pendente lite - Question 4
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Under what circumstances can a woman claim maintenance according to Section 125 of the Code of Criminal Procedure (CrPC) in India?
Detailed Solution for Test: Maintenance pendente lite - Question 4
According to Section 125 of the CrPC, a woman can claim maintenance in situations where her husband deserts her or subjects her to cruelty. This provision aims to ensure that women are provided financial support in cases of abandonment or mistreatment, emphasizing the importance of spousal maintenance in safeguarding the well-being of individuals in need.
Test: Maintenance pendente lite - Question 5
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According to Section 24 of the Hindu Marriage Act, 1955, who is eligible to claim maintenance pendente lite?
Detailed Solution for Test: Maintenance pendente lite - Question 5
Section 24 of the Hindu Marriage Act, 1955 grants both the wife and the husband the right to claim maintenance pendente lite when they can prove their lack of independent income. This provision aims to support either party who is financially dependent during the divorce proceedings, ensuring basic needs and a reasonable standard of living are maintained temporarily. This legal framework emphasizes fairness and equity in addressing financial disparities that may arise during this legal process.
Test: Maintenance pendente lite - Question 6
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What is the primary purpose of the Court granting legal expenses under Section 24 of the Hindu Marriage Act, 1955?
Detailed Solution for Test: Maintenance pendente lite - Question 6
The Court can grant a sum of money to cover the legal expenses incurred by the party during the legal battle under Section 24 of the Hindu Marriage Act, 1955. This provision aims to ensure fair legal representation for both parties involved in the divorce proceedings. By offering financial assistance for legal fees, the Court helps maintain a balanced legal process where each party can effectively present their case without being disadvantaged due to financial constraints.
Test: Maintenance pendente lite - Question 7
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According to Section 24 of the Hindu Marriage Act, 1955, what expenses are covered under maintenance pendente lite?
Detailed Solution for Test: Maintenance pendente lite - Question 7
Expenses covered under maintenance pendente lite according to Section 24 of the Hindu Marriage Act, 1955, include travel costs, lawyer's fees, clerical charges, and other relevant expenses incurred during the legal process. This provision ensures that both spouses have the necessary support to cover the expenses related to legal proceedings until a final decision is reached.
Test: Maintenance pendente lite - Question 8
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What was the primary reason for the husband seeking maintenance from his wife in the case of Rani Sethi v. Sunil Sethi (2011)?
Detailed Solution for Test: Maintenance pendente lite - Question 8
In the case of Rani Sethi v. Sunil Sethi (2011), the husband sought maintenance from his wife by claiming that she was financially independent due to her business. This indicates a legal aspect where the husband believed that his wife's financial independence should be a reason for him to seek maintenance from her. This case highlights the complexities of financial interdependence within a marriage and the legal implications surrounding it.
Test: Maintenance pendente lite - Question 9
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What was the Court's ruling regarding the maintenance payment in the case of Rani Sethi v. Sunil Sethi (2011)?
Detailed Solution for Test: Maintenance pendente lite - Question 9
In the case of Rani Sethi v. Sunil Sethi (2011), the Court ruled that the wife had to pay Rs. 20,000 per month as maintenance and additional litigation expenses. This decision was made based on the circumstances presented in the case, highlighting the Court's consideration of factors such as financial independence and the needs of the parties involved.
Test: Maintenance pendente lite - Question 10
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In the illustrative case of Smt. Jasbir Kaur Sehgal v. District Judge (1997), what was the ruling regarding the maintenance claim?
Detailed Solution for Test: Maintenance pendente lite - Question 10
In the case of Smt. Jasbir Kaur Sehgal v. District Judge (1997), the Supreme Court ruled in favor of the wife, affirming her right to claim maintenance for herself and her unmarried daughter under Section 24 of the Hindu Adoption and Maintenance Act, 1956. This ruling recognized the wife's entitlement to maintenance support, as well as extending the right to claim maintenance to her unmarried daughter.
Test: Maintenance pendente lite - Question 11
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In which legal situation can elderly or infirm individuals demand maintenance according to the Hindu Adoptions and Maintenance Act?
Detailed Solution for Test: Maintenance pendente lite - Question 11
According to the Hindu Adoptions and Maintenance Act, elderly or infirm individuals who are incapable of supporting themselves have the legal right to demand maintenance from their children and legal heirs. This provision aims to ensure that individuals who are unable to sustain themselves due to age or infirmity receive the necessary care and support from their family members.
Test: Maintenance pendente lite - Question 12
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Under which circumstance can a husband claim maintenance according to Section 24 of the Hindu Marriage Act?
Detailed Solution for Test: Maintenance pendente lite - Question 12
Section 24 of the Hindu Marriage Act allows a husband to claim maintenance if he can demonstrate his inability to earn or prove that he lacks the means to support himself. The husband must provide evidence to the magistrate showing that he is unable to sustain his livelihood due to mental or physical disability, making him eligible to receive maintenance from his wife. This provision aims to ensure that individuals facing genuine difficulties in supporting themselves receive the necessary financial assistance.
Test: Maintenance pendente lite - Question 13
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What does Section 25 of the Hindu Marriage Act, 1955, allow the court to grant after a decree is passed?
Detailed Solution for Test: Maintenance pendente lite - Question 13
Section 25 of the Hindu Marriage Act, 1955, enables the court to grant maintenance and permanent alimony to either party after a decree is passed. This involves the court awarding a gross, periodic, or monthly sum based on the circumstances of the case. The court exercises discretion in determining the amount based on the specific facts and circumstances of the case.
Test: Maintenance pendente lite - Question 14
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Why was maintenance pendente lite not granted to the husband in the case of Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992)?
Detailed Solution for Test: Maintenance pendente lite - Question 14
In the case of Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992), maintenance pendente lite was not granted to the husband because he was capable of earning and did not meet the criteria of being unable to support himself. The court's decision emphasized the importance of considering an individual's capacity to earn when determining the need for maintenance, as granting support to someone capable of earning could potentially encourage idleness and dependency on external financial assistance.
Test: Maintenance pendente lite - Question 15
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What factor did the court emphasize when maintenance pendente lite was not granted to the husband in a specific case?
Detailed Solution for Test: Maintenance pendente lite - Question 15
In a specific case where maintenance pendente lite was not granted to the husband, the court emphasized that granting maintenance to a person capable of earning would encourage idleness. This underscores the court's consideration of factors beyond mere financial capability when determining maintenance awards, highlighting the significance of preventing dependency and promoting self-sufficiency.
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