Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S.13---Application for enhancement of maintenance allowance by mother before executing court---Father contended that executing court was not competent forum to adjudicate the matter---Mother contended that application of enhancement of maintenance was moved before Family Court where execution proceedings of the decree was already pending and that father's previous conduct of reluctance to participate in legal proceedings was also to be taken into consideration---Validity---Record revealed that after the decree of maintenance and return of dowery articles, an application for enhancement of maintenance allowance was moved by mother before the Family Court---Execution proceedings were also in progress on the and decree---During the pendency of application for enhancement of maintenance allowance, father firstly appeared and filed reply to the application and was proceeded ex parte and after the decision of the enhancement application father filed application for cancellation of enhancement order which was dismissed---Father was proceeded ex parte after affording him colossal opportunity and further he filed application for cancellation of enhancement order after about four months which showed his lack of interest---Bare perusal of the head note of application for enhancement of maintenance allowance filed by the mother vividly reflected that the same had been filed before the Judge of Family Court and not the executing court, therefore, mere writing "Execution Petition" on the headnote of order which was specifically passed on the application for enhancement of maintenance allowance filed by the mother before the Family Court could not defeat the right of the mother in any manner---Reply to the said application filed by the father also showed to be filed before the Judge Family Court---Family Court had exclusive jurisdiction to pass an order on application for enhancement of the maintenance allowance even after passing the final and decree---Constitutional petition was dismissed. Abdul Wahab v. Mst. Sadia and 2 others 2011 YLR 2550 ref. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, JUSTICE:---.--- Through this constitutional…

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