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Test: The Concept of Maintenance under Muslim Law - Judiciary Exams MCQ


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30 Questions MCQ Test Civil Law for Judiciary Exams - Test: The Concept of Maintenance under Muslim Law

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Test: The Concept of Maintenance under Muslim Law - Question 1

In Muslim law, who is primarily responsible for providing maintenance to the wife and fulfilling her essential needs?

Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 1
In Muslim law, it is the husband's duty to maintain his wife and fulfill all her essential needs. This responsibility is based on the concept that women are considered dependent on men for support, ensuring that wives are provided for even if they are financially independent.
Test: The Concept of Maintenance under Muslim Law - Question 2

What does the concept of maintenance under Muslim Law aim to provide for individuals who are unable to support themselves?

Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 2
The concept of maintenance in Muslim Law aims to provide individuals who are unable to support themselves with basic necessities like food, clothing, and lodging. This assistance is crucial for ensuring that individuals have access to essential resources for their well-being and livelihood.
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Test: The Concept of Maintenance under Muslim Law - Question 3

Who among the following relatives is generally entitled to maintenance under Muslim law, apart from the wife and minor children?

Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 3
Apart from the wife and minor children, parents are generally entitled to maintenance under Muslim law. This responsibility highlights the importance of providing support to ancestors and descendants, emphasizing the financial obligations individuals have towards their family members in need.
Test: The Concept of Maintenance under Muslim Law - Question 4
What is the primary obligation of a husband towards his wife according to Muslim law?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 4
In Muslim law, it is the husband's responsibility to provide maintenance to his wife, regardless of his financial situation. This obligation continues even after the dissolution of marriage. This legal requirement emphasizes the importance of financial support and care for the wife.
Test: The Concept of Maintenance under Muslim Law - Question 5
What are the conditions under which a wife may not be entitled to maintenance in a marriage?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 5
In certain circumstances, a wife may not be entitled to maintenance in a marriage, particularly if the marriage is irregular or void. This condition is crucial in determining whether a wife can claim maintenance based on the circumstances surrounding the legality of the marriage.
Test: The Concept of Maintenance under Muslim Law - Question 6
Under what circumstance is the wife of a muta marriage not entitled to maintenance?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 6
In a muta marriage, which is a temporary marriage in Shia law, the wife is not entitled to maintenance if the marriage is irregular or void. This provision highlights the specific conditions under which maintenance rights may be affected in such types of marriages.
Test: The Concept of Maintenance under Muslim Law - Question 7
How is the quantum of maintenance determined in matrimonial matters?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 7
The specific amount of maintenance in matrimonial matters is not predefined in any statute. Instead, it is decided by the court based on the individual circumstances of both the husband and the wife. This ensures a fair evaluation of the financial needs and capabilities of the parties involved.
Test: The Concept of Maintenance under Muslim Law - Question 8
What is an exception to a wife's right to claim maintenance in a marriage?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 8
An exception to a wife's right to claim maintenance in a marriage is when the wife refuses to stay with the husband without a valid reason. This exception underscores the importance of valid reasons for the wife's actions in relation to her entitlement to maintenance.
Test: The Concept of Maintenance under Muslim Law - Question 9
How do different schools of Muslim law, such as Hanafi and Shefai, differ in terms of providing maintenance to a divorced Muslim wife?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 9
The Hanafi school of Law allows for the provision of maintenance to a divorced Muslim wife during the Iddat period, whereas the Shefai law does not mandate any maintenance post-divorce. This distinction highlights the variations in legal interpretations within different schools of Muslim law, affecting the financial rights and support available to divorced Muslim women based on the school of law followed.
Test: The Concept of Maintenance under Muslim Law - Question 10
Under Muslim law, what is the duration for which a divorced Muslim wife is entitled to maintenance post-divorce?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 10
In accordance with Muslim law, a divorced Muslim wife is entitled to maintenance only until the Iddat period, which lasts for three menstrual cycles or three lunar months. This limited duration underscores the financial challenges that divorced Muslim women may face post-divorce, emphasizing the importance of financial independence and support structures.
Test: The Concept of Maintenance under Muslim Law - Question 11
What does Section 125 of the Criminal Procedure Code (CrPC) ensure for divorced wives of all religions?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 11
Section 125 of the Criminal Procedure Code (CrPC) guarantees maintenance for divorced wives of all religions, providing financial support to assist women after divorce. This provision aims to ensure that women have a means of sustenance post-divorce, regardless of their religious affiliation.
Test: The Concept of Maintenance under Muslim Law - Question 12
In the Hanafi school of Law, what is the stance on providing maintenance to a divorced Muslim wife?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 12
In the Hanafi school of Law, a divorced Muslim wife can receive maintenance during the Iddat period, which follows the divorce. This period typically lasts for three menstrual cycles or three lunar months. It is important to note the specific provisions of different schools of Islamic Law regarding maintenance for divorced wives.
Test: The Concept of Maintenance under Muslim Law - Question 13
According to maintenance laws, who is entitled to maintenance after divorce until remarriage?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 13
In accordance with maintenance laws, a wife who cannot support herself is entitled to maintenance from her husband until she remarries. This provision aims to ensure financial support for the wife post-divorce until she is able to sustain herself independently.
Test: The Concept of Maintenance under Muslim Law - Question 14
What timeframe is stipulated for providing interim maintenance and litigation costs after the service of notice?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 14
As per the guidelines, interim maintenance and litigation costs should be provided within 60 days from the date of notice service. This provision is crucial to ensure timely financial assistance during legal proceedings to cover expenses related to the case.
Test: The Concept of Maintenance under Muslim Law - Question 15
How are maintenance laws described in terms of their application across personal laws?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 15
Maintenance laws are characterized as secular, applying uniformly across all personal laws. This uniform application ensures consistency in the provisions related to maintenance, regardless of the individual's personal beliefs or background.
Test: The Concept of Maintenance under Muslim Law - Question 16
What was the initial monthly maintenance amount decreed by the magistrate for Shah Bano under Section 125 of the CRPC?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 16
The magistrate initially decreed that Shah Bano's husband must provide her with a monthly maintenance amount of ₹25 under Section 125 of the CRPC. This decision was later revised in higher courts, leading to significant legal implications.
Test: The Concept of Maintenance under Muslim Law - Question 17
What was the revised monthly maintenance amount granted to Shah Bano by the High Court of Indore in response to her petition seeking an increase?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 17
In response to Shah Bano's petition seeking an increase in maintenance, the High Court of Indore raised the monthly maintenance amount to ₹179.20. This adjustment reflected the court's consideration of her circumstances and needs.
Test: The Concept of Maintenance under Muslim Law - Question 18
What significant legal act was enacted in 1986 in response to the controversy sparked by the Supreme Court's ruling in the Shah Bano case?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 18
The enactment of the Muslim Women (Protection of Rights on Divorce) Act in 1986 was a direct response to the controversy surrounding the Supreme Court's ruling in the Shah Bano case. This law specified the husband's obligation to provide maintenance only during the Iddat period, leading to further discussions and debates within the legal system.
Test: The Concept of Maintenance under Muslim Law - Question 19
What was the initial monthly maintenance amount decreed by the magistrate for a husband to provide his wife under Section 125 of the CRPC?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 19
The initial ruling by the magistrate stated that a husband must provide his wife with a monthly maintenance of ₹25 under Section 125 of the CRPC. This ruling was the starting point of the legal proceedings in the case.
Test: The Concept of Maintenance under Muslim Law - Question 20
What action did Shah Bano take when she was dissatisfied with the maintenance amount and sought an increase?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 20
Shah Bano, not content with the maintenance amount, filed a revision petition in the High Court of Indore, where the maintenance was increased to ₹179.20 per month. This step marked her legal effort to secure a higher maintenance amount.
Test: The Concept of Maintenance under Muslim Law - Question 21
What was the outcome of the Supreme Court's intervention regarding the entitlement of a Muslim wife to maintenance post the Iddat period if she cannot support herself?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 21
In the case, the Supreme Court upheld that a Muslim wife is entitled to maintenance post the Iddat period if she cannot support herself. This decision had significant legal implications and led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act in 1986.
Test: The Concept of Maintenance under Muslim Law - Question 22
What is the key obligation imposed on a Muslim husband according to the law clarified by the Supreme Court in the case of Daniel Latifi vs. Union of India?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 22
The Supreme Court clarified that a Muslim husband is obligated to provide a fair and reasonable amount of maintenance to his wife and ensure proper arrangements for her maintenance post-divorce. This obligation extends beyond the Iddat period, emphasizing the husband's responsibility towards his wife's maintenance even after divorce.
Test: The Concept of Maintenance under Muslim Law - Question 23
Under the law discussed by the Supreme Court, who is responsible for providing maintenance to a divorced woman if her relatives are unable to support her?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 23
According to the law clarified by the Supreme Court, if a divorced woman's relatives are unable to support her, the Wakf board established by the act steps in to ensure the maintenance of such women. This provision ensures that women in need have a support system in place through the intervention of the Wakf board.
Test: The Concept of Maintenance under Muslim Law - Question 24
What authority is empowered to direct the Wakf board to provide maintenance to women as per the Supreme Court's decision in the case of Daniel Latifi vs. Union of India?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 24
The magistrate is empowered under the law clarified by the Supreme Court to direct the Wakf board to provide maintenance to women who require support. This decision ensures that there is a legal mechanism in place to ensure the welfare and maintenance of women who may not have adequate support from their families.
Test: The Concept of Maintenance under Muslim Law - Question 25
What is the primary responsibility of the father regarding child maintenance under Muslim law?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 25
Under Muslim law, the father is mandated to provide maintenance for his daughter until she is married. This responsibility ensures the well-being and support of the daughter until she transitions into married life. It underscores the importance of familial care and financial provision within the context of Islamic legal principles.
Test: The Concept of Maintenance under Muslim Law - Question 26
When is a father not required to maintain his son or unmarried daughter according to the exceptions to maintenance outlined?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 26
According to the exceptions to maintenance, a father is not obligated to maintain his son or unmarried daughter if they unjustifiably refuse to live with him. This exception highlights the reciprocal nature of family responsibilities and the expectation of reasonable behavior and cooperation within familial relationships.
Test: The Concept of Maintenance under Muslim Law - Question 27
In Islamic Jurisprudence, according to the Hanafi law, what happens if the father is financially incapable and the mother is affluent in terms of child support?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 27
According to the Hanafi law in Islamic Jurisprudence, if the father is financially incapable and the mother is affluent, it becomes the responsibility of the mother to support the child. However, she can seek reimbursement when the husband is able to repay the amount. This legal provision aims to ensure the child's welfare and support, emphasizing financial responsibility based on the circumstances of the parents.
Test: The Concept of Maintenance under Muslim Law - Question 28
What is the entitlement of a son according to Wilson and Mulla and Faizi regarding maintenance from his father?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 28
According to Wilson and Mulla and Faizi, a son is entitled to receive maintenance from his father until he reaches puberty. This legal provision underscores the importance of paternal support and care for a son's well-being and upbringing during his formative years, ensuring his basic needs are met until a certain age or developmental stage.
Test: The Concept of Maintenance under Muslim Law - Question 29
Under which law does a father have an obligation to provide maintenance for his child, regardless of legitimacy, if he has sufficient means?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 29
Section 125 of the Criminal Procedure Code (CRPC) mandates that a father must provide maintenance for his child, irrespective of legitimacy, if he possesses sufficient means. This legal provision ensures that children are provided for adequately, emphasizing the financial responsibility of parents towards their offspring.
Test: The Concept of Maintenance under Muslim Law - Question 30
According to Islamic Jurisprudence, under the Shafi'i law, what happens if the father is poor and the mother is wealthy in terms of child support?
Detailed Solution for Test: The Concept of Maintenance under Muslim Law - Question 30
In accordance with the Shafi'i law in Islamic Jurisprudence, even if the father is poor and the mother is wealthy, the mother is not obligated to financially support the child. In such cases, the responsibility falls upon the grandfather to provide for the child. This legal principle highlights the hierarchical structure of familial financial responsibilities in specific Islamic legal traditions.
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