Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Enhancement of maintenance allowance---Wife moved petition for enhancement of maintenance allowance which was dismissed by the Family Court but same was enhanced by the Appellate Court from Rs.1,500 per month per child to Rs.4,000 per month per child together with 10% annual increase from the date of filing of the petition---Contention of husband was that no provision existed for annual increase in the maintenance allowance and of Appellate Court was beyond jurisdiction---Validity---Husband had proceeded abroad and he was drawing salary accordingly---Prices of basic essentials of life as well as school fees had undergone change after lapse of four years from earlier fixation of maintenance allowance---Father was sole responsible for requirements/expenses of children---Maintenance allowance had rightly been enhanced keeping in view the financial condition and status of respondent-father---Imposition of annual increase in the maintenance allowance could be looked into provided evidence was led to such effect in the form of financial statistics/statistical data---Annual increase in the maintenance allowance had been awarded without any factual basis, criteria or justifiable reasons---Impugned order to the extent of annual increase in the maintenance allowance was arbitrary, illegal and whimsical---Judgment and decree passed by the Appellate Court to the extent of annual increase in the maintenance allowance was set aside and decree was modified accordingly, however enhancement of monthly maintenance allowance was upheld---Constitutional petition was disposed of accordingly. ORDER SHOAIB SAEED, J.--- This writ petition is directed against the impugned judgment and decree dated 26-11-2013 passed by the Additional District Judge, Talagang whereunder maintenance was fixed at the rate of Rs.4000 per child per month with 10% annual increase. 2. Brief facts of the case are that respondents filed a suit for recovery of maintenance allowance which was decreed @ Rs.1500 per month child by Judge Family Court vide judgment and decree dated…

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