Mains Questions

Criminal Procedure Code

Maintenance (Ss. 125-128)

Q. 1. Write short notes on Right to maintenance under Section 125 Cr.P.C. [HJS 2019]

Q. 2. Examine in detail the circumstances under which a wife is entitled under the Code of Criminal Procedure, 1973 to claim maintenance from her husband. What is maximum quantum of maintenance and how is it fixed? Whether maintenance pendent lite may also be awarded? Indicate case law. [Punj JS 1995]

Q. 3. Please show your acquaintance with “Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945\”. Also please state whether a Muslim father is entitled to claim maintenance from his Muslim son under the Code of Criminal Procedure, 1973. [Punj JS 1995]

Q. 4. Whether a Muslim woman is entitled to maintenance in terms of section 125, CrPC. Discuss with case law. [Punj JS 2003]

Q. 5. A joint petition for mutual divorce was filed by A and her husband B. In the said petition there was an averment «hat A would not claim any maintenance from B at any time or in future under any proviso of law. It was also so stated by A in her statement in the Court in the above said petition. A had not remarried after mutual divorce. B had contracted second marriage. A petition for maintenance was filed by A under section 125 of Cr.P.C. against B on the ground that she was not able to maintain herself and B was getting handsome salary. Whether A was legally entitled to get maintenance from B? [Punj JS 2007]

Q.6. A, aged 65 years is residing at Gurgaon. He is unable to maintain himself and wants to file a petition for maintenance under section 125 of Cr.P.C. against his son B who is residing at Panipat and getting handsome salary.Advise A as to where he should file the above said petition. [Punj JS 2007]

Q.7. A has taken divorce from his wife B. Thereafter B has started living in adultery with C. B has filed a petition for maintenance under section 125 of Cr.P.C. against A on the ground that she was not able to maintain herself and A was getting handsome salary. A has taken the plea that he was not liable to give maintenance to B who was living in adultery with C. Whether such a plea was available to A? [Punj JS 2007]

Q. 8. Write notes on maintenance of parents. [BJS 1978]

Q.9. When is a husband ordered to pay maintenance allowance to his wife? What order may a Magistrate pass when the husband fails to comply with the order? [BJS 1979]

Q. 10. Discuss the rules relating to maintenance of wife, children and parents under Section 125, Cr.P.C. Under what circumstances can a husband seek alteration in an order of maintenance made in favour of a divorced wife. [BJS 1986, Guj JS 2020]

Q. 11. What are the provisions contained in the Criminal Procedure Code regarding maintenance of a wife? When and under what circumstances the amount of maintenance fixed by a Court be modified? [BJS 2000]

Q. 12. What are the provisions of the Criminal Procedure Code regarding maintenance of a wife? [BJS 2006]

Q. 13. When can the Magistrate cancel the order of maintenance to wife? [BJS 2011]

Q. 14. Explain fully the provisions of Criminal Procedure Code for maintenance of wives, children and parents. [HJS 1984]

Q. 15. How can a wife who has been abandoned by her husband compel him to maintain her? How does the criminal court enforce its maintenance? [HJS 1998]

Q. 16. When is a wife not entitle to maintenance for her husband? [HJS 1998]

Q. 17. How does Cr.P.C. provide for maintenance of Children and aged Parents? [HJS 1998]

Q. 18. Under what circumstances has a wife got a right to get maintenance from her husband? Can this right be exercised by parents or illegitimate children also? [HJS 2003]

Q. 19, Explain the circumstances in which a wife is entitled to claim maintenance from her husband under the Code of Criminal Procedure. [HJS 2006]

Q. 20. Can a daughter be asked to maintain her ‘father? If so, under what circumstances. [HJS 2006]

Q. 21. Can an illegitimate son be asked to maintain his father? [HJS 2006]

Q. 22. What is the object of Section 125 in Cr.P.C.? Can the following claim for maintenance under Section 125, Cr.P.C. and when:
(i) A Muslim wife from her husband
(ii) Mother and Father from a married daughter. ‘ [HJS 2009]

Q. 23. Can an aged father claim maintenance? [RJS 1991]

Q. 24. Under what circumstances has a wife got a right to get maintenance from her husband? Can this right be exercised by parents or illegitimate children also? [RJS 1977]

Q. 25. A was the wife of B. B divorced A and married again. Can A file an application for maintenance against B and in which court? [RJS 1977]

Q. 26. The original Section 488 of the Criminal Procedure Code was enacted as a part of the law to prevent vagrancy. The same appears to be the purpose of the replaced Section 125 of the Cr.P.C., 1973 with certain important modifications. Would you agree? What are the modifications made by the Act, 1973 in the old law? Discuss the law and the principal behind the provision. [RJS 1979]

Q. 27. Salima, the wife of Fatehdeen, obtains an order from the Magistrate under Section 125, Cr.P.C. for her maintenance at the rate of Rs. 500/- p.m. on 1-4-1979. Fatehdeen pronounces Talak on her on the same day, i.e. on 1-4-1979 after the court had passed the order against him. When on 2-5-1979 Salima presents an application to the Magistrate that Fatehdeen had not paid the amount of Rs. 500/- due on 1-5-1979, Fatehdeen pleads in his defence that Salma had ceased to be his wife with effect from 1-4-1979 and therefore he had no obligation to pay her the maintenance amount. Decide. [RJS 1979]

Q. 28. Madhuri presents a petition under Section 125, Cr.P.C. against Virendra Kumar for her maintenance and for the maintenance of her three minor sons and for the maintenance of a major daughter, who is an idiot, alleging that she had married Virendra Kumar about 20 years back secretly in a temple and now Virendra Kumar had turned her out of the house and refused to maintain her and her sons and daughter. Virendra Kumar in his defence pleads that Madhuri was no more than a concubine and no marriage ceremony took place between him and her at any time. Suppose the marriage is not
proved. Decide. [RJS 1979]

Q. 29. What are the considerations to be taken into account in the matter of grant of maintenance to a wife and her child whom the husband has neglected to take care of? [RJS 1984]

Q. 30. What is the limitation within which warrant for the recovery of amount may be issued u/s 125, Code of Criminal Procedure? : [RJS 1986]

Q. 31. A, a Hindu, while playing fraud marries B, A Hindu woman, as per Hindu rites. Later on B discovers that A has living wife. Whether B can claim maintenance from A? What offence A and B have committed? [RJS 1986]

Q. 32. A and B were married at Calcutta. They last resided together at Delhi. A came on transfer to Jaipur leaving B with her brother at Delhi. He neglected and refused to maintain ‘B’. At what places application for maintenance under Section 125 of the Code of Criminal Procedure can be filed? [RJS 1989]

Q. 33. To whom a magistrate can order to maintain a divorced Muslim woman? [RJS 1989]

Q. 34. Whether a person can be ordered to pay maintenance to an adult son who is physically disabled and unable to maintain himself? . [RJS 1991]

Q. 35. What is the maximum amount of monthly allowance for maintenance which a criminal court can grant? (RJS 1991]

Q. 36. Who are entitled to maintenance?” [RJS 1991]

Q. 37. Whether a divorced wife can claim maintenance? What is the maximum amount of maintenance permissible in Cr.P.C.? [RJS 1994]

Q. 38. A wife, who is unable to maintain herself, files an application claiming maintenance against her husband under section 125 of the Code of Criminal Procedure, 1973. She also requests the Court to order for interim maintenance pending final disposal of the matter. The non-applicant (husband) objects the demand of interim maintenance on the ground that there is no such provision in the said Section of the said code. Decide. [RJS 1999]

Q. 39. When can an order for paying maintenance passed under Section 125 of the Code of Criminal Procedure be altered? [RJS 2011]

Q. 40. How and when a Magistrate can set aside an ex parte order passed while exercising powers under Section 126 of the Code of Criminal Procedure? [RJS 2014]

Q. 41. Under section 125, Cr. P.C., and order for maintenance is made by a Magistrate ordering a father to pay his deserted wife Rs. 60/- p.m. for maintenance of their young son, on the ground that he had neglected or refused to maintain the child in the following three cases:

(a) The mother had the custody of Child. At hearing father offered to maintain the child on condition it was left with him.

(b) The mother had custody of the child. She was a teacher on a salary. The father pleaded that the child must be maintained by her from her own earnings and could not be his liability.

(c) Child had been in custody of father and was maintained by him. He left the father and came to live with the mother when the father, one day, chastised him for throwing stones at passers-by. The father resisted the mother’s application and wanted custody of the child and said he would maintain him. Comment on the propriety of the order in each case. [DJS 1979]

Q. 42. The wife filed an application under section 125 Cr. P.C. against her husband claiming maintenance in a court at Delhi on 74.06.1988. Prior thereto, she had sent a notice also, to him, in April 1988. The husband filed a petition under section 9 of the Hindu Marriage Act, 1955 in a court at Varanasi in May, 1988, and obtained an ex-parte decree for restitution of conjugal rights against his wife. In the proceedings under section 125 of the Code, the husband pleads that the said ex-parte decree is binding upon the Criminal Court, which decree establishes that his wife had refused to live with him without sufficient cause, and as such, the wife is not entitled to the grant of any maintenance. Decide. [DJS 1990]

Q. 43. F, a married lady, develops intimacy with M. On her representation that she had divorced her husband, in a customary ceremony, F and M start living together. After staying together for about seven months, they part ways. Within the next three months, F delivers a child C. An application is filed by F for herself and for the child C for maintenance from M under Section 125 Cr.PC. M disputes that F is his wife and he also disputes the paternity of C. He admits having lived with F but contends that F had a subsisting marriage and could not be his wife. The evidence lacked her claim of having divorced her husband before she started living with M. Decide only the question of entitlement to maintenance of each of the two applicants under the Cr.PC. Further, would it make any difference to the outcome of the application if F had been unmarried at the time she started living with M. [DJS 2006]

Q. 44. Ramesh, an Engineer earning Rs. 35,000/- per month has deserted his non-working wife and two school going children who live with his wife’s parents. She makes an application under Section 125, Cr.P.C for maintenance of herself and two children. Ramesh has to maintain his old parents and invalid sister. Decide her application. [DJS 2007]

Q. 45. Who are the persons who can claim maintenance under Section 125, Cr.P.C? What are the factors which are to be kept in view while granting maintenance? Can the Court award interim maintenance? How the orders of maintenance passed under Section 125, Cr.P.C can be enforced? Discuss. [DJS 2008]

Q. 46. Write Short notes on Right of the married minor daughter to claim maintenance from the father [DJS 2014]

Q. 47. Amina, a Hanafi Muslim had married Hamid, after she had been divorced by her first husband, Yusuf. She has a daughter. Hina, now aged six, from her first husband. Due to physical violence inflicted on her by Hamid, Amina has been forced to shift to her grandfather’s house along with her daughter, as both her parents are no more. She is unemployed and has studied only upto class X. Her grandfather is a retired railway station master and has to support his treatment for cancer as also his aged wife. In this background, Amina has filed a petition under Section 125 Cr.P.C. claiming maintenance from Hamid for herself and her minor daughter. When the nikahnama was drawn up between Hamid and Amina, Hamid undertook to bring up Hina as his own daughter, though Yusuf, the biological father, is alive. Hamid has two tempos which he hires out and earns about Rs. 1,50,000 per month. He has two drivers and one cleaner and one helper. Hamid contends that the petition is not maintainable. Decide with case law. Would Hamid be liable to maintain Hina? What is the quantum of maintenance that can be granted and to whom and why? Give reasons for your decision. [DJS 2015]

Q. 48. Write short note on Interim maintenance [MPJS 2009]

Q. 49. Write short notes on Ex Parte maintenance order (MPJS 2010]

Q. 50. Describe the law and procedure for maintenance of wife, children and parents in Cr.P.C. [UPJS 1988]

Q. 51. Under what circumstances can a wife claim maintenance from her husband? Is a married woman entitled to claim maintenance from her father? [UPJS 2012]

Q. 52. Discuss the provisions related to maintenance of wife, children and parents under the Code of Criminal Procedure. [UPJS 2015]

Q. 53. A Muslim husband W contracts a second marriage. His first wife Z claims separate residence and maintenance under the Criminal Procedure Code. W pleads defence of his personal law which permits him to take more than one wife. Decide. [UPJS 2016]

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