28/01/2026
2026 CLC 12
نان ونفقہ میں سالانہ اضافہ ابتدائی ڈگری(basic)کی رقم بجائے موجودہ(current) رقم پر ہوگا
مثلا اگر فیملی کورٹ 5000 روپے ماہوار خرچہ ناں و نفقہ ڈگری کرتی ہے تو پہلے سال سالانہ اضافہ 5000 روپے کی رقم پر ہوگا اگلے سال سالانہ اضافہ 5500 روپے اور اگلے سال سالانہ اضافہ 6050 روپے کی رقم پر ہوگا
Section 17-A(3) of the Family Courts Act, 1964 interpreted to hold that it postulates compound calculation of annual 10% increase in the maintenance allowance.
It is abundantly clear that Section 17-A(3) of the Act is a beneficial, remedial or curative provision which calls for liberal interpretation. It is triggered when the Court omits to prescribe annual increase in maintenance or does not expressly specify if annual increase so prescribed will take effect on compound or non-compound basis while passing a decree under Section 17-A(2) read with Section 12(2) of the Act. If the legislature has not specifically provided for compound calculation in Section 17-A(3) of the Act, it is equally true that the legislature has also not provided otherwise. The expression „the maintenance fixed by the Court shall automatically stand increased at the rate of ten percent each year” ordinarily imply that quantum of maintenance fixed under a decree does not remain static or constant but is a variable figure which is meant to increase after each year. After increase of 10% at the end of first year, a new quantum of maintenance comes in field and the amount gets merged or amalgamated in the quantum of maintenance fixed by Court. The process is repeated after each year till the legal entitlement of wife or children under the decree. Therefore, annual increase of each year is required to be calculated on the merged amount of last preceding year for the reason that 10% increase is intrinsically linked with the principal amount and is an inseparable part of the decree. If the rent is traditionally increased with reference to the last prevailing rent, there is no reason why maintenance should not be increased based on the same principle. The compound calculation of maintenance not only caters for inflation and rising cost of living but also allows to account for growing needs and requirements of wife and children, thus, reducing the occasions to resort to Court seeking enhancement in maintenance allowance. Hence, it is concluded that when a decree of maintenance does not prescribe an annual increase or is silent qua calculation of prescribed annual enhancement on principal or aggregate amount of maintenance, Section 17A(3) of the Act will come into operation and the Executing Court shall calculate the due decreed amount on compound basis.
7340/24
Saba Gull Shahd & 2 Others Vs Additional District Judge Faisalabad etc.....
