KASHIF MAHMOOD vs ADDITIONAL DISTRICT JUDGE S — 2022 MLD 1762 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1762 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: KASHIF MAHMOOD vs ADDITIONAL DISTRICT JUDGE S
Subject matter: Civil
Provisions referred to: S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KASHIF MAHMOOD VS ADDITIONAL DISTRICT JUDGE S.5, Sched.---Constitution of Pakistan, Arts.9 & 14---Suit for maintenance---Enhancement of maintenance---Grounds and scope---Entitlement to maintenance of wife and children is not only a right recognized by law and the religion of Islam but the same is part and parcel of rights to life and dignity, as enshrined in Arts. 9 & 14 of the Constitution---Growth of children, the cost of living, change in status of the parties, change in the expenditures incurred based on needs of children are some of the factors which may provide for a fresh cause of action for the children to demand enhanced maintenance allowance---Superior courts of the country have ensured nourishing rights of the minors in such a manner that applications for enforcement of maintenance allowance filed subsequently to the decree have been held to be maintainable while observing that maintenance was a continuous process and a person entitled to be maintained had a right to approach the court for adequate maintenance allowance---If maintenance allowance granted by the Family Court was insufficient and inadequate, then institution of the fresh suit was not necessary rather Family Court could entertain an application for enhancement of the maintenance allowance---Therefore, there has not been any hindrance in the way of a person entitled for maintenance to seek enhancement thereof in accordance with changed circumstances.

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