Law: Family Courts Act, 1964

Section: XXV,17A

Law: Constitution of Pakistan, 1973

Section: 4,9

(a)    Family Courts Act (XXXV of 1964)--- ----S. 17-A [as inserted by Punjab Family Courts (Amendment) Act (XI of 2015)]--Constitution of Pakistan, Arts. 4 & 9---Suit for maintenance---Interim maintenance---Right to life---Provision of S.17-A of Family Courts Act, 1964 [as inserted by Punjab Family Courts (Amendment) Act, 2015] is a specific provision dealing with suit for maintenance as a special category of family claims---Provision of S.17-A is introduced through Punjab Family Courts (Amendment) Act, 2015 on 18-03-2015, which has placed maintenance of wife and children at a higher pedestal than other family claims---Maintenance allowance serves as a means of subsistence and survival for wife and children, intrinsically connected to their right to life guaranteed under Arts. 4 & 9 of the Constitution---Discretionary powers on Family Court have also been conferred under S.17-A of Family Courts Act, 1964 [as inserted by Punjab Family Courts (Amendment) Act, 2015] to prescribe annual increase in maintenance to cater for future needs and requirements of wife and children as well as depreciation in value of currency in terms of inflation---No caveat is attached to the power of Family Court to prescribe such annual increase in maintenance on compound or non-compound basis---Family Court is free to pass a reasonable decree in such behalf depending on facts and circumstances of each case. (b)    Family Courts Act (XXXV of 1964)--- ----S. 17-A [as inserted by Punjab Family Courts (Amendment) Act (XI of 2015)]--Suit for maintenance---Expression "the maintenance fixed by the Court shall automatically stand increased at the rate of ten percent each year"---Applicability--During execution of decree for recovery of maintenance fixed by Family Court, dispute had arisen as to quantum of annual increase in the maintenance so fixed--Validity---Expression "the maintenance fixed by the Court shall automatically stand increased at the rate of ten percent each year" ordinarily implies that quantum of maintenance fixed under a decree does not remain static or constant but is a variable figure which is meant to increase…