“3. The other question as to automatic annual
increase in the maintenance for the minor children has
been dealt with by the High Court in para 7 of the
impugned judgment. At present, there appears to be no
factual basis brought on record to justify such annual
increase. The learned counsel for the petitioner,
however, states that he will be in a position to lead
evidence in the form of financial statistics including
the Sensitive Price Index (“SPI”) to persuade the trial
Court to grant annual increase in line with such
statistical data.
4. In the foregoing circumstances, the appellate
judgment dated 23.2.2010 and the impugned judgment
dated 4.8.2011 are set aside. The matter is remanded to the trial Court which shall proceed to frame specific
issues relating to the dowry articles as well as
enhancement of maintenance awarded to the minor
children and shall thereafter allow the parties to lead
evidence before deciding the case afresh. During this
period, maintenance at the rate of 2,000 per month
shall continue to be deposited by the respondent
No.1/grandfather.”
2012 SCMR 673
Used In judgment of:
Lahore High Court
WP- Family Law
9733-12
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