Power to increase the quantum of maintenance allowance suo moto on appeal of the petitioner

4. Learned counsel for the petitioner submits that the learned Appellate Court has gone beyond its jurisdiction while increasing maintenance allowance of the respondents of its own. He emphatically argued that respondents did not challenge the findings of the learned Judge Family Court either through appeal or crossobjections as such findings of the Family Court to their extent had attained finality and the learned Appellate Court was not vested with any power to increase the quantum of maintenance allowance suo moto on appeal of the petitioner . Relies on Mateen Haider ..Vs.. Additional District Judge, Lahore and others (2005 SCMR 1683) and Muhammad Nazir Khan ..Vs.. Ahmad and 2 others (2008 SCMR 521). Adds that the learned Appellate Court did not consider the financial status of the petitioner while increasing maintenance allowance of the minors; that the petitioner has limited source of income out of which he has to maintain his second wife and children as well, therefore, he is unable to pay the maintenance allowance to the respondents at the enhanced rate fixed by the learned Appellate Court. He next argued that there is no provision in the West Pakistan Family Courts Act, 1964 empowering the Family Court to pass a decree of automatic annual increase; that the judgments and decrees of both the courts below are harsh and liable to be modified in accordance with the financial status of the petitioner.  

Part of Judgment of
Lahore High Court
WP- Family Law
1447-10
2015 LHC 8916

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