Children to demand enhanced maintenance allowance

11. Similarly in “Muhammad Akram Vs. Additional District Judge and others” (PLD 2008 Lahore 560), this Court held that:- 

“Section 11 of the CPC in relation to the cause of action of suit codifies the doctrine of res-judicata which operates when there is a judgment between the same parties and it prevents a fresh suit between them regarding the same matter.” 

It was also held in the said judgment that:- 

“The growth of the children, the cost of living, any change in the status of the parties, change in the expenditures to be incurred on day to day needs of the children etc. are the factors which either introduce a change of the cause of action or may make out even a fresh cause of action for the children to demand enhanced maintenance allowance. Thus the application of the rule of res-judicata to the case of maintenance allowance has a peculiar complexion and by now it is will settled position of law that under the changed circumstances and the needs of the minor children fresh proceedings for maintenance allowance were maintainable before the Family Court having jurisdiction in the matter.” 

 Part of Judgment : 

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT

WP- Family Law
2406-10

2014 LHC 5377