case law on Mantainence

جيڪڏهن خرچ جي ڪيس ٻارن جو مقرر ڪيل خرچ پورو نه ٿيي ۽ ڪيس ختم ٿي ويو هجي ته خرچ جا پئسا وڌائڻ لاء نئي ڪيس ڪرڻ جي ضرورت ناهي صرف سمپل درخواست ڪبي.
Once a decree by the family Court in a suit for maintenance (for minors) was granted, thereafter, if the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the family Court may entertain any such application (under S. 151 , C.P.C.) and if necessary make alteration in the rate of maintenance allowance

S. 5 & Sched.---Civil Procedure Code (V of 1908), S. 151 ---Maintenance allowance for minors, enhancement of---family Court, powers of---Scope---Order for maintenance allowance for minors was passed by family Court---Mother of minors sought enhancement in maintenance allowance through filing an application under S. 151 , C.P.C. before the family Court---Objection of father that enhancement in maintenance allowance could only be sought by filing a separate suit---Validity---Provisions of Civil Procedure Code, 1908 were not stricto sensu applicable to the proceedings under the family Courts Act, 1964, as such the family Court was competent to adopt its own procedure---family Court had exclusive jurisdiction relating to maintenance allowance and the matters connected therewith---Once a decree by the family Court in a suit for maintenance (for minors) was granted, thereafter, if the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the family Court may entertain any such application (under S. 151 , C.P.C.) and if necessary make alteration in the rate of maintenance allowance--- Objection was rejected accordingly.
2016 SCMR 1821 SUPREME-COURT
Side Appellant : Lt. Col. NASIR MALIK
Side Opponent : ADDITIONAL DISTRICT JUDGE, LAHORE