On the issue whether a suit for enhancement of
maintenance is maintainable under the Schedule, the
answer is that the same is maintainable. The Schedule
provides for the matter over which the family court
should have jurisdiction. Maintenance is provided at
serial No.3. As such there is no bar on filing a suit for
enhancement of maintenance. There are bound to be
changes in the circumstances and changes in the
requirements of the children. Naturally, as the
children will grow their needs will also grow. Reliance
is placed on a case titled Arab Mir Muhammad Vs Mst.
Iram Iltimas and 4 others (1999 CLC 1668). It is noted
that this is an unrealistic approach that the
maintenance allowance should remain fixed
throughout the growing period of the minor or that the
5% increase should be considered sufficient. A father
is legally bound to maintain the minor in terms of the
requirement of the minor and the cost of living.
2012 CLC 1407
Used in the judgment of:
| 2018 LHC 1938 |
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