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: Family
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---Provision of S.17a(3) creates a new statutory right of automatic increase in the maintenance fixed by the Court in cases where annual increase has not been prescribed, it does not operate backwards---Fact that statutory prerequisites under S.17a(3) of the Family Courts act, 1964 (i.e. fixation of maintenance by the Court and omission or failure of the Court to prescribe annual increase in the maintenance) may be drawn from a period prior to the enactment does not render application or operation of the said provision to be retrospective, particularly when the automatic annual increase in the maintenance takes effect from the date of enactment and not the period prior to that.

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