Section 18 of the Hindu Adoptions and Maintenance Act, 1956 addresses a Hindu wife's right to…
Section 18 of the Hindu Adoptions and Maintenance Act, 1956 allows a Hindu wife to live separately without forfeiting maintenance on the grounds it lists. Section 144 of the…
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Section 18 of the Hindu Adoptions and Maintenance Act, 1956 addresses a Hindu wife's right to maintenance and, on specified grounds, to live separately without forfeiting that claim. Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 separately provides for a summary order of maintenance?
Answer and explanation
Correct answer B
Section 18 of the Hindu Adoptions and Maintenance Act, 1956 allows a Hindu wife to live separately without forfeiting maintenance on the grounds it lists. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 of the Code of Criminal Procedure, 1973) empowers a Magistrate of the first class to order maintenance for eligible wives, children and parents. In Rajnesh v. Neha (2021) 2 SCC 324, the Supreme Court required disclosure of earlier maintenance proceedings and consideration of adjustment or set-off when a later court determines maintenance.
Option feedback
Option A
Incorrect. Section 143 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 124 CrPC) deals with security for unexpired period of bond, not maintenance.
Option B
Correct. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 of the Code of Criminal Procedure, 1973) empowers a Magistrate of the first class to order maintenance for a wife, children, or parents, operating alongside Section 18 of the Hindu Adoptions and Maintenance Act, 1956.
Option C
Incorrect. Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 126 CrPC) lays down the procedure and forum for proceedings under Section 144, rather than the substantive right to obtain a maintenance order.
Option D
Incorrect. Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 127 CrPC) deals with alteration in allowance after an order of maintenance has already been passed.
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