MUHAMMAD AMIN SAQIB vs JUDGE FAMILY COURT, TOBA TEK SINGH S — 2025 PLD 850 SUPREME-COURT

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MUHAMMAD AMIN SAQIB VS JUDGE FAMILY COURT, TOBA TEK SINGH S.5, Sched.---Civil Procedure Code (V of 1908), S.151---Maintenance allowance for minor daughters---Quantum, enhancement of---Family Court entertaining enhancement application instead of fresh suit for maintenance enhancement---Powers, scope and legality---For consideration of enhancement of maintenance allowance separate suit need not be filed and instead Family Court may entertain application under section 151, C.P.C. for enhancement---Supreme Court remanding the matter to the Trial Court to reconsider the enhancement application under section 151, C.P.C.---Facts in brevity were that the daughters of petitioner filed a suit for recovery of maintenance allowance through their mother which was decreed at Rs.800 per month for each daughter with a 10% annual increment---Their application for enhancement was initially dismissed by the Family Court but the District Court increased it to Rs.1,500 per month, later further enhanced by the High Court to Rs.2,500 per month for each daughter with the same annual increment, considering their day to day and educational expenses---Dissatisfied, the daughters sought further enhancement, while the petitioner challenged the increase before the Supreme Court---Held: Family Court had exclusive jurisdiction relating to maintenance allowance and the matters connected therewith---Once the decree by the Family Court in a suit for maintenance (for minors) was granted, thereafter, if the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the Family Court could entertain any such application (under section 151, C.P.C.) and if necessary make alteration in the rate of maintenance allowance---In the present matter when the High Court fixed the maintenance allowance of respondents Nos.4 and 5 at Rs.2,500/- per month each, the monthly take home salary (earning) of the petitioner was Rs.33,026/-, however, as per computer generated salary slip submitted by the respondents' side and not denied by the petitioner, the take home salary of the petitioner was Rs.161,148/-, which would have further increased after increment---Therefore, to keep the door open for the parties to further challenge and agitate, if aggrieved of the order of enhancement or otherwise, it was deemed appropriate that in view of the above development, the matter be remanded to the Trial Court to consider the request of the respondents for enhancement of the maintenance allowance, treating the same as an application under section 151 of C.P.C.---Present matter was remitted to the Trial Court to consider the application of the respondents Nos. 4 & 5 for enhancement of the maintenance allowance, obviously, after obtaining reply from the petitioner and dilating upon the evidence, so produced by the parties and decide the matter treating the same as an application under section 151, C.P.C., within a period of not more than one month, even if it had to fix the case on day to day basis, under intimation to the Deputy Registrar, Lahore Registry Branch of the Supreme Court---Present petitions were disposed of, in circumstances.

MUHAMMAD AMIN SAQIB vs JUDGE FAMILY COURT, TOBA TEK SINGH S — 2025 PLD 850 SUPREME-COURT

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