| Citation(s) |
|---|
| 2025 SLG 2075 2025 SLD 2075 = 2025 SCP 264 |
C.P.L.A. No. 919-L OF 2016 & C.P.L.A. No. 1056-L OF 2016 [Against judgments dated 11.02.2016 passed in W.P.Nos.10602 and 12501 of 2012 by Lahore High Court, Lahore]
MR. JUSTICE SHAHID BILAL HASSAN MR. JUSTICE AAMER FAROOQ
For the Petitioner(s) : Mr. Asif Mumtaz, ASC (in CPLA No. 919-L of 2016) Mr. Rana Rashid Akram Khan, ASC (in CPLA No. 1056-L of 2016) For the
Respondent(s) : Mr. Rana Rashid Akram Khan, ASC (in CPLA No. 919-L of 2016) Date of hearing: 04.06.2025
Muhammad Amin Saqib (in CPLA No. 919-L of 2016) Zahida Perveen and others (in CPLA No.1056-L of 2016) …Petitioner(s)
VERSUS
Judge Family Court, Toba Tek Singh and others (in CPLA No. 919-L of 2016) Muhammad Amin Saqib and others (in CPLA No.1056-L of 2016) …Respondent(s)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Code Of Civil Procedure, 1908.
Section: 151
Law: Family Courts Act, 1964
Section:
Summary:
This order concerns petitions for leave to appeal filed against the Lahore High Court's 2016 judgment on maintenance allowance claims by Respondents No.4 and No.5 (daughters of the Petitioner Muhammad Amin Saqib). Originally, a Family Court decree in 2008 fixed maintenance at Rs.800/- per month for each daughter with a 10% annual increment. Upon enhancement requests, the Additional District Judge increased the amount to Rs.1,500/- per month; the Lahore High Court further increased it to Rs.2,500/- per month each, with similar annual increments.
However, recent salary evidence reveals the Petitioner's income significantly increased (from Rs.33,026/- to Rs.161,148/- monthly), warranting re-examination of the maintenance amount. The Supreme Court remanded the matter to the Family Court to reconsider enhancement requests under Section 151 of the Code of Civil Procedure (CPC), which allows for orders to be altered or added in the interest of justice without initiating a fresh suit. The Court also noted the Petitioner’s failure to pay maintenance properly and directed payments of arrears as determined by the executing court.
Core Points:
| Point No. | Core Point |
|---|---|
| 1 | Initial maintenance fixed Rs.800/- per daughter per month with 10% annual increase in 2008. |
| 2 | Enhancement granted by Additional District Judge at Rs.1,500/- each with 10% annual increment. |
| 3 | Lahore High Court increased maintenance to Rs.2,500/- each, with 10% annual increment. |
| 4 | Petitioner’s salary increased significantly (to Rs.161,148/-), justifying re-examination. |
| 5 | Matter remanded to Family Court for reconsideration of maintenance enhancement under Section 151 CPC. |
| 6 | Family Court has exclusive jurisdiction over maintenance cases and can modify orders without fresh suits. |
| 7 | Petitioner defaulted on maintenance payments; arrears must be paid in 3 months in installments. |