Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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24.

Which of the following person cannot claim maintenance under Section 125 of C.R.P.C. ?

A: A legitimate child who after attaining majority cannot maintain himself by reason of economic hardship
B: An illegitimate child who after attaining majority cannot maintain himself by reason of economic hardship
C: Both (a) and (b)
D: None of the above.

The answer is: C

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Explanation

The correct option is C: Both (a) and (b).

According to Section 125 of the Code of Criminal Procedure, 1973, a person who has sufficient means is liable to maintain his wife, his minor child (whether legitimate or illegitimate), his adult child (who is physically or mentally disabled), and his parents (who are unable to maintain themselves). However, this section does not cover a legitimate or illegitimate child who has attained majority and is not disabled, but is unable to maintain himself or herself due to economic hardship. Such a child cannot claim maintenance under Section 125 of the Code, as he or she is expected to earn his or her own livelihood. Therefore, option C is the correct answer.