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. 17

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.17a(3)---Maintenance---annual increase in maintenance---Scope---Subsection (3) of S.17a of the Family Courts act, 1964 is a provision, the application whereof is conditional upon failure or omission of the Family Court to prescribe the annual increase while fixing the maintenance---Increase contemplated under the said provision is mandatory one and the Court is left with no discretion in that regard---any increase under the said provision is co-extensive in duration with the entitlement for maintenance---Increase in maintenance under S.17a(3) of the Family Courts act, 1964 is automatic in the sense that no decree is required to be passed and the same is recoverable by the executing court while enforcing the statutory obligation---Rate of annual increase in the maintenance has also been fixed by the legislature to be at ten percent each year and the base value (i.e. the maintenance fixed by the Court) to which such rate of increase applies remains constant throughout the period of application under S.17a(3) of the Family Courts act, 1964.

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