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Under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Muslim father with sufficient…

Section 144(1)(b) provides a child-maintenance remedy where the statutory conditions are met. The Supreme Court distinguished children's independent maintenance rights from…

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Under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Muslim father with sufficient means refuses to maintain his minor children, who cannot maintain themselves and live with their divorced mother. Which statement is correct?

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Answer and explanation

Correct answer C

Section 144(1)(b) provides a child-maintenance remedy where the statutory conditions are met.

The Supreme Court distinguished children's independent maintenance rights from a divorced mother's claim under the Muslim Women (Protection of Rights on Divorce) Act, 1986, when interpreting the predecessor provision in Noor Saba Khatoon v. Mohd. Quasim.

Option feedback

Option A

Section 144(1)(b) imposes no religion-based exclusion.

Option B

Living with their divorced mother does not displace the children's own statutory remedy.

Option C

The children meet the stated inability-to-maintain and neglect conditions, and the father has sufficient means.

Option D

The children's maintenance remedy is distinct from any entitlement the mother has in her own right.

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