SABA GUL vs ADDITIONAL DISTRICT JUDGE, FAISALABAD S — 2026 CLC 12 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 12 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: SABA GUL vs ADDITIONAL DISTRICT JUDGE, FAISALABAD S
Subject matter: Criminal
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

SABA GUL VS ADDITIONAL DISTRICT JUDGE, FAISALABAD S. 17-a [as inserted by Punjab Family Courts (amendment) act (XI of 2015)]---Suit for maintenance---Expression "the maintenance fixed by the Court shall automatically stand increased at the rate of ten percent each year"---applicability---During execution of decree for recovery of maintenance fixed by Family Court, dispute had arisen as to quantum of annual increase in the maintenance so fixed---Validity---Expression "the maintenance fixed by the Court shall automatically stand increased at the rate of ten percent each year" ordinarily implies 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---Such process is repeated after each year till the legal entitlement of wife or children under the decree---annual increase of each year is required to be calculated on 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---High Court directed Executing Court to enforce decree under execution in accordance with law and objection petition of respondent was dismissed---Such increase would be applied to pending proceedings and was not applicable to past and closed proceedings which had attained finality---Constitutional petition was allowed in circumstances.

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