Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched---Civil Procedure Code (V of 1908), S.11---Decree of maintenance by Family Court---Bar to further suit---Applicability of S.11, CPC---Scope---Contention of mother of minor was that maintenance allowance which was fixed in 2009 was not sufficient due to hiking prices and growing needs of minor---Held, that suit for enhancement of maintenance was maintainable if circumstances were changed with passage of time---Section 11, C.P.C. was not applicable to the suit for enhancement of maintenance allowance. Ejaz Ahmed v. Judge, Family Court and 5 others 2005 CLC 1913; Muhammad Ali v. Judge Family Court, Depalpur and 2 others 2010 YLR 520; Malik Ahmed Nawaz Awan v. Fariha Malik and another 2011 YLR 435; Muhammad Iqbal v. Mst. Nasreen Akhtar 2012 CLC 1407 and Muhammad Islam v. Mst. Rashdah Sultana and 4 others 2013 CLC 698 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---High Court, in exercise of constitutional jurisdiction could not substitute findings of courts below unless they were against the law and evidence brought on record, and was a result of erroneous exercise of jurisdiction. THIS ORDER PASSED BY: MUHAMMAD SAJID MEHMOOD SETHI, JUSTICE:----------- Brief facts, out of which present writ petition arise, are that petitioner divorced his wife namely Mst. Rehmat Elahi, owing to family disputes. She got custody of respondent No. 1 and, thereafter, filed suit for recovery of maintenance allowance before learned Judge Family Court, Khanewal, which was decreed awarding him Rs. 700/- per month with 10% increase per annum as maintenance allowance. The said judgment was upheld by learned Additional District Judge, Khanewal. Respondent No. 1 filed W.P. No. 1143 of 2009 before this court, which culminated into a settlement between the parties, which was recorded vide order dated 01-07-2009, in the following terms:-- "(i) That quantum of maintenance be enhanced from Rs.700/- per month to Rs.800 per month henceforth. (ii) Respondent No.3 will pay past maintenance for three years prior to the institution of the suit to the tune of Rs.42000/-. The amount…

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