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

Test: Maintenance pendente lite - Judiciary Exams MCQ


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25 Questions MCQ Test - Test: Maintenance pendente lite

Test: Maintenance pendente lite for Judiciary Exams 2024 is part of 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.
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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 crucial function of providing temporary financial support to a spouse during ongoing legal proceedings, such as divorce or marital disputes. This ensures that the dependent spouse's daily expenses and standard of living are maintained until a final decision is reached. It is a temporary measure designed to support the spouse until the legal process concludes.
Test: Maintenance pendente lite - Question 2
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Under what legal framework is maintenance pendente lite governed in India?

Detailed Solution for Test: Maintenance pendente lite - Question 2
Maintenance pendente lite in India is governed by laws such as Section 24 of the Hindu Marriage Act, 1955. This legal provision empowers courts to decide the amount of temporary financial support based on the financial standings, needs, and accustomed living standards of the spouses involved in the legal proceedings.
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Test: Maintenance pendente lite - Question 3
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What is the main purpose of maintenance in legal terms?

Detailed Solution for Test: Maintenance pendente lite - Question 3
The primary aim of maintenance in legal terms is to assist the financially dependent party in upholding their living standards, especially when they lack other sources of income. It serves as a means to provide support and financial aid to those in need during legal disputes.
Test: Maintenance pendente lite - Question 4
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What legal provision extends assistance to the financially vulnerable party during ongoing legal proceedings?
Detailed Solution for Test: Maintenance pendente lite - Question 4
Maintenance pendente lite acts as a legal provision under Section 24 of the Hindu Marriage Act. This provision aims to offer temporary financial assistance to the financially vulnerable party during ongoing legal proceedings, ensuring that they can maintain a certain standard of living while the legal process unfolds.
Test: Maintenance pendente lite - Question 5
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In what situation may a woman be eligible to claim maintenance according to the statutory provisions outlined?
Detailed Solution for Test: Maintenance pendente lite - Question 5
A woman can claim maintenance in various situations, such as when her husband subjects her to cruelty. This provision ensures that a spouse who faces mistreatment or abuse in a marriage has the legal right to seek financial support during and after legal proceedings.
Test: Maintenance pendente lite - Question 6
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What is the minimum monthly maintenance amount that must be claimed for all dependents as per the statutory regulations described?
Detailed Solution for Test: Maintenance pendente lite - Question 6
The maintenance claim for all dependents must be a minimum of Rs 500 per month according to the statutory provisions. However, the magistrate has the discretion to grant a reasonable amount based on the specific circumstances of the case, ensuring that the dependents are adequately supported.
Test: Maintenance pendente lite - Question 7
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What is the primary purpose of Section 24 of the Hindu Marriage Act, 1955?
Detailed Solution for Test: Maintenance pendente lite - Question 7
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 address the financial disparities and hardships faced by the dependent party during the divorce proceedings, ensuring a reasonable standard of living for both parties until the divorce is finalized.
Test: Maintenance pendente lite - Question 8
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Under which provision of the Hindu Marriage Act, 1955, can expenses related to legal proceedings be covered?
Detailed Solution for Test: Maintenance pendente lite - Question 8
Section 24 of the Hindu Marriage Act, 1955, allows for maintenance pendente lite, which covers expenses related to legal proceedings such as travel costs, lawyer's fees, and clerical charges. This provision ensures that parties involved in the legal process have the necessary financial support to navigate the legal proceedings effectively.
Test: Maintenance pendente lite - Question 9
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What is the purpose of granting legal expenses under Section 24 of the Hindu Marriage Act, 1955?
Detailed Solution for Test: Maintenance pendente lite - Question 9
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, guaranteeing a level playing field in the legal process.
Test: Maintenance pendente lite - Question 10
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Who can claim maintenance under Section 36 of the Special Marriage Act, 1954, based on financial incapacity?
Detailed Solution for Test: Maintenance pendente lite - Question 10
According to Section 36 of the Special Marriage Act, 1954, only the wife can claim maintenance by demonstrating her indigence or financial incapacity. This provision aims to ensure that the wife, who may be financially dependent, receives the necessary support to maintain her standard of living post-divorce.
Test: Maintenance pendente lite - Question 11
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What decision did the Court make regarding the husband's residence during the legal proceedings in the Rani Sethi v. Sunil Sethi case?
Detailed Solution for Test: Maintenance pendente lite - Question 11
In the legal proceedings of Rani Sethi v. Sunil Sethi, the Court ruled that the husband was thrown out of the house, and his belongings were given to him in Court. This decision indicates that the husband was asked to vacate the family home during the case.
Test: Maintenance pendente lite - Question 12
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In the case of Smt. Jasbir Kaur Sehgal v. District Judge (1997), what ruling was made by the Supreme Court regarding maintenance claims?
Detailed Solution for Test: Maintenance pendente lite - Question 12
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 highlighted the importance of legal provisions in ensuring financial support for dependents in specific situations.
Test: Maintenance pendente lite - Question 13
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In which legal scenario can elderly or infirm individuals demand maintenance according to Section 20 of the Hindu Adoptions and Maintenance Act?
Detailed Solution for Test: Maintenance pendente lite - Question 13
According to Section 20 of 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 or legal heirs. This provision ensures that individuals who are unable to provide for themselves due to age or infirmity receive the necessary support for their well-being.
Test: Maintenance pendente lite - Question 14
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In the case of Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987), what ruling did the court make regarding the responsibility of children towards their parents?
Detailed Solution for Test: Maintenance pendente lite - Question 14
In the case of Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987), the court ruled that both sons and daughters have a legal obligation to maintain their parents, as outlined in Section 125 of the Code of Criminal Procedure. This decision underscores the importance of filial responsibility and support towards aging or infirm parents.
Test: Maintenance pendente lite - Question 15
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Under what condition can a husband claim maintenance according to Section 24 of the Hindu Marriage Act?
Detailed Solution for Test: Maintenance pendente lite - Question 15
According to Section 24 of the Hindu Marriage Act, a husband can claim maintenance if he can prove his inability to earn or establish that he lacks the means to support himself. The burden of proof lies with the husband, requiring him to demonstrate to the magistrate that he is unable to sustain his livelihood due to factors such as mental or physical disability, making him eligible to receive maintenance from his wife.
Test: Maintenance pendente lite - Question 16
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What is the primary purpose of Maintenance Pendente Lite according to Section 24 of the Hindu Marriage Act, 1955?
Detailed Solution for Test: Maintenance pendente lite - Question 16
Maintenance Pendente Lite, as per Section 24 of the Hindu Marriage Act, 1955, aims to prevent financial crises for the needy party during the litigation phase. This provision ensures that a spouse lacking means to support themselves during legal proceedings receives financial assistance until the case is finalized.
Test: Maintenance pendente lite - Question 17
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How does the court determine the amount of maintenance and permanent alimony under Section 25 of the Hindu Marriage Act, 1955?
Detailed Solution for Test: Maintenance pendente lite - Question 17
The court exercises discretion when determining the amount of maintenance and permanent alimony under Section 25 of the Hindu Marriage Act, 1955. This discretion is based on the specific facts and circumstances of each case, allowing for a fair and just decision tailored to the individual situation.
Test: Maintenance pendente lite - Question 18
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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 18
Section 25 of the Hindu Marriage Act, 1955 allows the court to grant maintenance and permanent alimony to either party after a decree is passed. This provision enables the court to award a gross, periodic, or monthly sum based on the specific circumstances of the case, ensuring financial support to the deserving party post the decree.
Test: Maintenance pendente lite - Question 19
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In which case did the court grant maintenance to both the wife and her dependent children?
Detailed Solution for Test: Maintenance pendente lite - Question 19
In the case of Gulab Chand v. Sampati Devi (1986), the court granted maintenance to both the wife and her dependent children. This decision highlights the court's consideration for the financial needs of not just the wife but also her dependent children, ensuring their well-being through the maintenance awarded.
Test: Maintenance pendente lite - Question 20
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In which case was maintenance pendente lite not granted to the husband due to his capability of earning?
Detailed Solution for Test: Maintenance pendente lite - Question 20
In the case of Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992), maintenance pendente lite was not granted to the husband as he was capable of earning and did not meet the criteria of being unable to support himself. The court emphasized the importance of not encouraging idleness by granting maintenance to individuals capable of earning, thereby promoting self-sufficiency and discouraging dependency.
Test: Maintenance pendente lite - Question 21
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In which case was maintenance pendente lite awarded to the wife despite the husband's claims of her financial independence?
Detailed Solution for Test: Maintenance pendente lite - Question 21
In the case of Sandeep Kumar v. the State of Jharkhand and Another (2003), maintenance pendente lite was granted to the wife after considering her financial situation, even though the husband argued about her financial independence. This decision reflects the court's assessment of the wife's circumstances and the necessity of support during ongoing legal proceedings.
Test: Maintenance pendente lite - Question 22
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Why was maintenance pendente lite not awarded 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 22
In the case of Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992), maintenance pendente lite was denied to the husband because he was deemed capable of earning and did not satisfy the conditions for being unable to sustain himself. The court highlighted that providing maintenance to an individual capable of earning might promote idleness, emphasizing the importance of self-sufficiency.
Test: Maintenance pendente lite - Question 23
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What was a common factor in both the cases of Sandeep Kumar v. the State of Jharkhand and Another (2003) and Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992)?
Detailed Solution for Test: Maintenance pendente lite - Question 23
A common aspect in both cases of Sandeep Kumar v. the State of Jharkhand and Another (2003) and Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992) was that the court took into account the financial circumstances of the individuals before making decisions regarding maintenance pendente lite. This factor played a crucial role in determining the outcome of each case.
Test: Maintenance pendente lite - Question 24
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What is the primary purpose of maintenance pendente lite in family law?
Detailed Solution for Test: Maintenance pendente lite - Question 24
The primary purpose of maintenance pendente lite in family law is to enable a dependent spouse to maintain a decent standard of living temporarily during legal proceedings like divorce or marital disputes. This temporary financial assistance is crucial in helping the dependent spouse meet day-to-day expenses until a final resolution is reached.
Test: Maintenance pendente lite - Question 25
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How does the court determine the amount of maintenance to be awarded in cases involving maintenance pendente lite?
Detailed Solution for Test: Maintenance pendente lite - Question 25
In cases involving maintenance pendente lite, the court determines the amount of maintenance to be awarded by considering multiple factors. These factors include the financial circumstances and requirements of the individuals involved in the case. By evaluating these aspects, the court aims to provide a fair and appropriate amount of temporary financial assistance to the dependent spouse.
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