19/08/2024
S. 5, Sched. & S.17-Civil Procedure Code (V of 1908), S.11- Constitution of Pakistan, Art. 199--Constitutional petition---Suit for recovery of maintenance allowance for minors- Enhancement in maintenance allowance-Res judicata, principle of---Applicability-Scope---Petitioner assailed order of Family Court whereby he was held liable to pay maintenance to minors at an enhanced rate than the one fixed by Family Court in the earlier suit for maintenance filed in the year 2004- -Contention of petitioner was that after passing of the decree for maintenance of minors by the Family Court in the earlier suit in the year 2004, the new suit for enhancement in maintenance allowance of minors was not maintainable as S.11 of C.P.C. was applicable to proceedings before the Family Court through S.17 of the West Pakistan Family Courts Act, 1964-Validity-Rate of maintenance fixed in the year 2004 was insufficient due to acceleration of prices and the growing needs of the minors---As minors were now school-going children, and in accordance with the prices prevailing in the market, sum fixed by Family Court was very reasonable---While it was true that S.11 of the C.P.C. was applicable on proceedings before the Family Court, however, under changed circumstances with the passage of time, suit for enhancement of maintenance allowance and the prayer in that respect, may be accepted by Family Court if the necessity for such an increase in maintenance allowance was made out---Section 11 of C.P.C. was not applicable to the suit for enhancement in the rate of maintenance allowance-Rate of maintenance allowance fixed in the year 2004 appeared to be nominal in the year 2011---Courts below had properly appreciated the evidence and arrived at a just conclusion---Constitutional petition was dismissed, in circumstances.
