Law:

Section:

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched---Maintenance allowance for minors---Family Court fixed maintenance allowance for minors @ Rs. 5,000/- per month per minor and Rs. 10,000/- per month was fixed for medical treatment of the minor who was cancer patient---Family Court further observed that maintenance allowance and expenses of medical treatment would also increase 20% per annum---Appellate Court dismissed the appeal filed by the father but increased quantum of maintenance allowance of minors from Rs. 5,000/- per month per minor to Rs. 10,000/- per month per minor without filing any appeal or cross objection by the minors---Validity---One of the minors was a patient of cancer and she was under treatment---Both the minors were getting education and mother had to bear expenses of stationery, tuition fee and transportation etc---Father was bound to provide the minors proper education, health facilities and other basic necessities of life---Maintenance allowance fixed by the Family Court at the rate of Rs. 5,000/- per month per minor was insufficient to fulfil basic needs of the minors---Appellate Court was justified in exercising its discretion for increasing quantum of maintenance allowance of minors without their appeal---Father was abroad and his monthly income was Rs. 1,00,000/- per month---Quantum of maintenance allowance fixed by the Appellate Court could not be held beyond the financial capacity of the father---Courts below were justified to allow annual increase of 20% which was in consonance with the inflation rate of the country---Constitutional petition was dismissed in circumstances. Mateen Haider v. Additional District Judge, Lahore and others 2005 SCMR 1683 and Muhammad Nazir Khan v. Ahmad and 2 others 2008 SCMR 521 ref. Humayun Hassan v. Arslan Humayun and another PLD 2013 SC 557 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 33---Family Courts Act (XXXV of 1964), S.5, Sched. Appellate court, powers of---Appellate Court could mould/modify the relief in favour of non-appealing party---Appellate Court could increase quantum of maintenance (allowance of the minors) in absence of their appeal against the decree of Family…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492