Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Grant of maintenance allowance, to minors by Family Court---Factors to be kept in mind by the Family Court---Minors were entitled to be maintained by the father in the manner befitting the status and financial condition of the father and for that reason the Family Court was under an obligation, while granting the maintenance allowance, to keep in mind the financial condition and status of the father; court was to make an inquiry in this regard and could . not act arbitrarily or whimsically---Unjust enrichment of the minors could not be permitted---Awarding 20% annual increase in the maintenance allowance granted by Family Court, without any basis or criteria and without giving any reason for awarding said increase, was arbitrary, illegal and whimsical---Contention that school fees of the minors were more than the rate of maintenance allowance granted by the Family Court, therefore, the annual increase should not be interfered with had no force---Father's obligation to maintain the minors was only to the extent of his status and financial condition and Family Court must keep these factors in mind while granting maintenance. (b) West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 5 & 13----Decree of maintenance allowance to minors by the Family Court with an annual increase of 20% in the amount of monthly allowance---Execution of decree---Executing Court though could not go behind the decree but at the same time the said court could look into the questions whether the decree or part thereof was executable or inexecutable and if for any reason the decree had become in-executable, the Executing Court was empowered to declare so and if a part of the decree was inexecutable and that part was severable from the other part(s) of the decree then the Executing Court was empowered to refuse the execution of the inexecutable part of the decree and may proceed with the execution of the rest of the decree---In the present case, there was nothing on the record to show that the father of the minors had the means to pay the increase as ordered by the Trial Court---Minors, for the future…

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