Law: Family Courts Act, 1964

Section: 5

(a) Limitation Act (IX of 1908)--- ----S. 5---Appeal, filing of---Condonation of delay---Sufficient cause---Counsel for appellant out of country for performance of Hajj---Appeal was filed with a delay of 144 days---Each day of delay had to be explained---Delay in filing present appeal was not 30/40 days during which Hajj was performed, rather it was a delay of 144 days, therefore, the Appellate Court had rightly dismissed the appeal on limitation. (b) Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Civil Procedure Code (V of 1908), S. 151---Maintenance allowance for minors, enhancement of---Family Court, powers of---Scope---Order for maintenance allowance for minors was passed by Family Court---Mother of minors sought enhancement in maintenance allowance through filing an application under S. 151, C.P.C. before the Family Court---Objection of father that enhancement in maintenance allowance could only be sought by filing a separate suit---Validity---Provisions of Civil Procedure Code, 1908 were not stricto sensu applicable to the proceedings under the Family Courts Act, 1964, as such the Family Court was competent to adopt its own procedure---Family Court had exclusive jurisdiction relating to maintenance allowance and the matters connected therewith---Once a decree by the Family Court in a suit for maintenance (for minors) was granted, thereafter, if the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the Family Court may entertain any such application (under S. 151, C.P.C.) and if necessary make alteration in the rate of maintenance allowance--- Objection was rejected accordingly. THIS JUDGMENT DELIVERED BY: IQBAL HAMEEDUR RAHMAN, JUSTICE:----------------- Through this petition for leave to appeal, the petitioner has called in question the order dated 30.03.2016 passed by the Lahore High Court, Lahore, in W. P. No.7222/2016, whereby the said writ petition filed by the petitioner has been dismissed in limine. 2. The concise facts giving rise to the instant petition are that minors respondents Nos. 3 and 4 (hereinafter to be referred as "the respondents") filed a suit…

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