Law: Family Courts Act, 1964

Section: 17

Law: Family Courts Act, 1964

Section: 17

Law: Civil Procedure Code (V of 1908)

Section: 11

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 5, Sched. & S.17---Constitution of Pakistan, Art.199---Constitutional petition---Suits for recovery and enhancement of maintenance allowance of minors---Maintainability---Suit for recovery of maintenance allowance was decreed concurrently against the husband (petitioner) and thereafter wife filed another suit for enhancement of the maintenance allowance---Contention of the husband was that the decree of the Family Court had attained finality and the wife could not file another suit for enhancement of the maintenance allowance under the principle of res judicata under section 17 of the West Pakistan Family Courts Act, 1964---Validity---Contention that the principle of res judicata will apply to the original decree of the Family Court was legally flawed---Principle of res judicata would not apply to the subsequent suit for enhancement of maintenance allowance---Issues pertaining to the enhanced maintenance were not in issue between the parties in the previous suit---No bar in law existed against filing a fresh suit for enhancement of maintenance allowance due to change in circumstances, change in cost of living and additional needs of minors---Suit for enhancement of maintenance allowance was also maintainable under the Schedule to West Pakistan Family Courts Act, 1964---High Court observed that there were bound to be changes in the requirements of children and as children grow, their needs would grow; and that, the approach of fixing maintenance allowance throughout the growing period of a minor or considering 5 per cent increase in the same as sufficient, was unrealistic---Constitutional petition was dismissed accordingly. Muhammad Ashraf v. Mst. Nusrat Bibi and 3 others 2010 CLC 1411; Muhammad Akram v. Additional District Judge and others PLD 2008 Lah. 560 and Mir Muhammad v. Mst. Iram Iltimas and 4 others 1999 CLC 1668 rel. Muhammad Ehsan Gondal for Petitioner. ORDER AYESHA A. MALIK, J.--- This petition impugns the judgments and decrees dated 25-7-2011 and 19-1-2012 passed by Judge Family Court and Additional District Judge, Mandi Baha-ud-Din respectively as there are concurrent findings against the…

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