Law: Family Courts Act, 1964

Section: 17A(3)

(a) Family Courts Act (XXXV of 1964)--- ----S.17A(3)---Maintenance---Annual increase in maintenance---Scope---Subsection (3) of S.17A of the Family Courts Act, 1964 is a provision, the application whereof is conditional upon failure or omission of the Family Court to prescribe the annual increase while fixing the maintenance---Increase contemplated under the said provision is mandatory one and the Court is left with no discretion in that regard---Any increase under the said provision is co-extensive in duration with the entitlement for maintenance---Increase in maintenance under S.17A(3) of the Family Courts Act, 1964 is automatic in the sense that no decree is required to be passed and the same is recoverable by the executing court while enforcing the statutory obligation---Rate of annual increase in the maintenance has also been fixed by the legislature to be at ten percent each year and the base value (i.e. the maintenance fixed by the Court) to which such rate of increase applies remains constant throughout the period of application under S.17A(3) of the Family Courts Act, 1964. (b) Family Courts Act (XXXV of 1964)--- ----S.17A(3)---Maintenance---Annual increase in maintenance---Scope---Provision of S.17A(3) creates a new statutory right of automatic increase in the maintenance fixed by the Court in cases where annual increase has not been prescribed, it does not operate backwards---Fact that statutory prerequisites under S.17A(3) of the Family Courts Act, 1964 (i.e. fixation of maintenance by the Court and omission or failure of the Court to prescribe annual increase in the maintenance) may be drawn from a period prior to the enactment does not render application or operation of the said provision to be retrospective, particularly when the automatic annual increase in the maintenance takes effect from the date of enactment and not the period prior to that. (c) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Constitution of Pakistan, Arts.9, 14---Suit for maintenance---Enhancement of maintenance---Grounds and scope---Entitlement to maintenance of wife and children is not only a right recognized by law and the religion of Islam but the same is part and…

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