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ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X

144. Order for maintenance of wives, children and parents 145. Procedure
146. Alteration in allowance
147. Enforcement of order of maintenance

Based on Chapter X (Order for Maintenance of Wives, Children and Parents) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 comprehensive preliminary examination questions designed to test memory, logic, and analytical skills.

I. Memory & Definition Based Questions

1. Which class of Magistrate is empowered to pass an order for maintenance under Section 144?

A) Executive Magistrate B) Magistrate of the second class C) Magistrate of the first class D) Chief Judicial Magistrate

2. Under Section 144(1)(c), a major child is entitled to maintenance ONLY if they are unable to maintain themselves due to:

A) Unemployment B) Higher studies C) Physical or mental abnormality or injury D) Being a married daughter

3. What is the maximum timeline prescribed for the disposal of an application for interim maintenance from the date of service of notice?

A) Thirty days B) Sixty days C) Ninety days D) Six months

4. According to Section 144, an application for the recovery of maintenance arrears must be made within _____ from the date it became due.

A) Six months B) One year C) Three years D) Three months

5. Which section of the BNSS provides the procedure for the alteration of the maintenance allowance due to a change in circumstances?

A) Section 144 B) Section 145 C) Section 146 D) Section 147

6. If a husband offers to maintain his wife on the condition of her living with him, but she refuses, the Magistrate may still order maintenance if:

A) The husband is living in adultery or has contracted another marriage B) The wife is unable to cook C) The husband's income increases D) The wife has a temporary job

7. A copy of the maintenance order must be given to the claimant:

A) On payment of a prescribed fee B) Only if the husband consents C) Free of cost D) Only through a lawyer

II. Statement-Based Questions

8. Consider the following statements regarding Section 144:

  • Statement I: It applies to both legitimate and illegitimate children.

  • Statement II: It excludes a married daughter even if she is a minor unable to maintain herself.

Which is correct?

A) Only I B) Only II C) Both I and II D) Neither I nor II

(Note: Proviso to 144(1) allows maintenance for a minor married daughter if her husband has insufficient means).

9. Regarding the entitlement of a wife to maintenance, evaluate these statements:

  • Statement I: A wife living in adultery is not entitled to maintenance.

  • Statement II: A wife living separately by mutual consent is entitled to maintenance.

Which is correct?

A) Only I B) Only II C) Both I and II D) Neither I nor II

10. Evaluate the "New BNSS addition" in Section 145 regarding jurisdiction:

  • Statement I: Proceedings can be taken in a district where the person is.

  • Statement II: Proceedings can be taken in a district where the person’s father or mother resides.

Which is correct?

A) Only I B) Only II C) Both I and II D) Neither I nor II

11. Regarding the recording of evidence under Section 145:

  • Statement I: Evidence must be taken in the presence of the person against whom the order is proposed.

  • Statement II: Evidence is recorded in the manner prescribed for warrant-cases.

Which is correct?

A) Only I B) Only II C) Both I and II D) Neither I nor II

(Note: It is recorded as a summons-case).

III. Reasoning & Logic Based Questions

12. Assertion (A): The nature of proceedings under Section 144 is preventive rather than punitive.

Reason (R): The objective is to provide a simple, speedy, and limited relief to prevent vagrancy and destitution.

A) Both A and R are true, and R is the correct explanation.

B) Both A and R are true, but R is not the correct explanation.

C) A is true, R is false.

D) A is false, R is true.

13. Assertion (A): A Magistrate can cancel a maintenance order if a competent Civil Court passes a decision that warrants such cancellation.

Reason (R): Section 146(2) mandates the Magistrate to cancel or vary an order in consequence of a Civil Court decision.

A) Both A and R are true, and R explains A.

B) A is false, R is true.

C) A is true, R is false.

D) Both are false.

14. Assertion (A): A divorced wife is entitled to maintenance under BNSS until she remarries.

Reason (R): The term "wife" includes a woman who has been divorced and has not remarried.

A) Both A and R are true, and R explains A.

B) A is false, R is true.

C) Both are false.

D) A is true, R is false.

15. Logic Question: If 'A' has sufficient means but refuses to maintain his infirm parents, and the parents reside in District X while 'A' resides in District Y, where can the parents file the application?

A) Only in District X

B) Only in District Y

C) In either District X or District Y

D) Only in the State Capital

IV. Problem-Based Questions

16. 'X', a husband, converts to another religion. His wife 'Y' remains in her original faith. 'X' claims he is no longer bound to maintain her under her personal law. What is the status under BNSS?

A) 'X' is correct; BNSS follows personal laws strictly.

B) 'X' is incorrect; BNSS is a secular provision, and conversion does not relieve him of his obligation.

C) Maintenance is halved upon conversion.

D) Only the Civil Court can decide this.

17. 'A' is ordered to pay ₹5,000 monthly to his parents. He fails to pay for three months without any reasonable cause. What action can the Magistrate take?

A) Sentence 'A' to one year of rigorous imprisonment immediately.

B) Issue a warrant for levying the amount and sentence him to imprisonment for up to one month for each month's default.

C) Forfeit his house.

D) Dismiss the parents' claim.

18. A daughter, who has attained majority and is physically fit but chooses not to work to pursue a hobby, applies for maintenance from her father. Is the Magistrate likely to grant it?

A) Yes, because she is his child.

B) No, because she is a major and is not suffering from any physical/mental disability that prevents her from maintaining herself.

C) Yes, if she is not married.

D) Only if her hobby is expensive.

19. During maintenance proceedings, the husband 'H' is willfully avoiding the service of the summons. The Magistrate is satisfied that 'H' is avoiding the Court. What is the next step?

A) Dismiss the case.

B) Issue a proclamation.

C) Hear and determine the case ex parte.

D) Wait for one year.

20. A wife 'W' was granted maintenance. A year later, it is proven she has started living in adultery. What can the husband 'H' do?

A) Nothing, the order is final.

B) Apply for cancellation of the order under Section 144(5).

C) Stop paying without telling the Court.

D) File a defamation case only.

V. Analytical & Comprehensive Questions

21. Which statement is true about maintenance to The "Step-father" [ ref. case law (Sunil Debsharma) ] 

A) A step-father can never claim maintenance.

B) A step-son is obligated to provide maintenance if the step-father fulfilled the responsibilities of a biological father.

C) Only biological mothers have rights.

D) Step-children have no legal standing under BNSS.

22. Which of the following is a ground for a wife's refusal to live with her husband while still being entitled to maintenance?

A) The husband's job is in a different city.

B) The husband has kept a concubine.

C) The husband's parents are strict.

D) The house is too small.

23. Under Section 147, who is responsible for enforcing the maintenance order?

A) Only the Magistrate who passed the order.

B) Any Magistrate in any place where the person against whom the order is made may be.

C) Only the District Magistrate.

D) The High Court.

24. If an application for alteration of allowance is filed under Section 146, what must be proved?

A) The husband has lost his job.

B) The wife has won a lottery.

C) A change in the circumstances of the person receiving or paying the allowance.

D) All of the above.

25. True or False: A Magistrate can order "Interim Maintenance" and "Expenses of Proceeding" simultaneously under Section 144.

[True - 18, 251]

26. Which section ensures that a disabled person seeking to report a sexual offence (as mentioned in the cross-references) gets their statement recorded at their residence?

A) Section 144

B) Section 173 (Proviso)

C) Section 145

D) Section 223

27. In the case of a minor child, if the Magistrate is satisfied the child is being neglected, the order is paid to:

A) The child directly.

B) Such person as the Magistrate may from time to time direct.

C) The Government treasury.

D) The local police station.

28. What is the legal effect of a wife living separately by mutual consent?

A) She gets double maintenance.

B) She is not entitled to receive an allowance under Section 144.

C) The husband must buy her a house.

D) The husband is sent to jail.

29. The power to award costs in maintenance proceedings lies with:

A) The High Court only.

B) The Magistrate of the first class.

C) Neither party; costs are prohibited.

D) The District Magistrate.

30. Which case law establishes that Section 125 CrPC (now Section 144 BNSS) provides "immediate relief" and is distinct from the larger rights under HAMA?

A) Lalita Kumari v. Govt. of U.P.

B) Rajnesh v. Neha

C) Deepak Aggarwal v. Keshav Kaushik

D) Shabnam v. Union of India

Answer Key

1-C, 2-C, 3-B, 4-B, 5-C, 6-A, 7-C, 8-D, 9-A, 10-C, 11-A, 12-A, 13-A, 14-A, 15-C, 16-B, 17-B, 18-B, 19-C, 20-B, 21-B, 22-B, 23-B, 24-D, 25-True, 26-B, 27-B, 28-B, 29-B, 30-B.

BONUS TRICK - READY RECKONER

Ready Reckoner for Chapter X: Order for Maintenance of Wives, Children and Parents (Sections 144–147). This framework organizes the legal provisions into functional layers, from who can claim to how the law ensures they are actually paid.

The BNSS Maintenance Reckoner

I. Layer 1: The Claimants 

Section 144(1) identifies four categories of people entitled to maintenance if they are unable to maintain themselves:

  1. The Wife: Includes a woman divorced by her husband (or who obtained a divorce) and has not remarried.

  2. Minor Children: Both legitimate and illegitimate, whether married or not.

    • Special Rule: If a minor married daughter's husband has insufficient means, the father is liable until she reaches majority.

  3. Major Children: Legitimate or illegitimate (not being a married daughter) who are unable to maintain themselves due to physical or mental abnormality or injury.

  4. Parents: Biological father or mother.

    • Case Law Note: A step-son is obligated to maintain a step-father who fulfilled the responsibilities of a biological father.

II. Layer 2: The Jurisdiction 

Section 145(1) outlines where proceedings can be initiated. The BNSS has expanded this significantly:

  • Where the person is (the respondent).

  • Where the person or his wife resides.

  • Where he last resided with his wife or the mother of the illegitimate child.

  • NEW in BNSS: Where his father or mother resides (S. 145(1)(d)).

III. Layer 3: The Interim Relief

To prevent destitution during a long trial, the Magistrate has specific "express" powers:

  • Interim Maintenance: The Magistrate can order a monthly allowance for interim maintenance and expenses of the proceeding.

  • The 60-Day Clock: Applications for interim maintenance should, as far as possible, be disposed of within sixty days from the date of service of notice to the respondent.

IV. Layer 4: Alteration & Enforcement

  • Alteration (S. 146): On proof of a change in circumstances of either the receiver or the payer, the Magistrate can increase, decrease, or cancel the allowance.

  • Mandatory Cancellation: The Magistrate must cancel the order if a divorced woman remarries or has received her full dues under customary/personal law.

  • The Enforcement - S. 147:

    • Claimants get a copy of the order free of cost.

    • Arrears must be claimed within one year from the date they became due.

    • Punishment: For every breach of the order, the Magistrate can issue a warrant for levying the amount and sentence the person to imprisonment for up to one month (or until payment is made).

Quick Revision "Time-Savers"

  • Standard of Proof: Evidence is recorded in the manner prescribed for summons-cases.

  • Secular Nature: The provision is secular and conversion to another religion does not relieve a husband of his obligation to maintain his wife.

  • Adultery Bar: A wife is not entitled to maintenance if she is living in adultery, or refuses to live with her husband without sufficient reason, or lives separately by mutual consent.

  • Costs: The Court has the power to award just costs in maintenance applications.

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