There is no bar in the Family Courts Act, 1964 for filing second suit for enhancement of maintenance allowance except the one under Section 11 of the CPC,

10. Bare reading of Section 17 of the West Pakistan Family Courts Act, 1964, revels that Section 11 of the Civil Procedure Code, is applicable to the Family Cases. However, under changed circumstances and with the passage of time suit for enhancement of maintenance allowance has been accepted by the courts. In this regard reference is made to the judgment of this court reported as “Ijaz Ahmed through Attorney Vs. Judge Family Court and 5 others”(2005 CLC 1913) wherein it was held that:-

 “There is no bar in the Family Courts Act, 1964 for filing second suit for enhancement of maintenance allowance except the one under Section 11 of the CPC, which was made applicable to these proceedings by virtue of Section 17 of the Act of 1964. Under this provision, second suit will only be bared in case the matter has been directly or substantially in issue in a former suit between the parties. No doubt the earlier suit was for recovery of maintenance but issue regarding its enhancement was neither raised nor was considered in that suit and thus was not in issue, then. In view of this position, Section 11 of the CPC would not bar any subsequent suit, which was filed only for enhancement of maintenance allowance.” 

Part of Judgment : 

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT

WP- Family Law
2406-10

2014 LHC 5377