If the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the Family Court may entertain any such application (under S. 151, C.P.C.) and if necessary make alteration in the rate of maintenance allowance.

2016 S C M R 1821 SC

Once a decree passed by the Family Court in a suit for maintenance (for minors) was granted, thereafter , if the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the Family Court may entertain any such application (under S. 151, C.P.C.) and if necessary make alteration in the rate of maintenance allowance.

2016 S C M R 1821 SC
Supreme Court of Pakistan
Present: Iqbal Hameedur Rahman, Manzoor Ahmad Malik and Ijaz-ul-Ahsan, JJ

Maintenance allowance for minors, enhancement. Powers of family court.

Order for maintenance allowance for minors was passed by Family Court.

Mother of minors sought enhancement in maintenance allowance through filing an application under S. 151, C.P.C. before the Family Court.

Objection of father that enhancement in maintenance allowance could only be sought by filing a separate suit---Validity---

Provisions of Civil Procedure Code, 1908 were not stricto sensu applicable to the proceedings under the Family Courts Act, 1964, as such the Family Court was competent to adopt its own procedure.

Family Court had exclusive jurisdiction relating to maintenance allowance and the matters connected therewith.

Once a decree by the Family Court in a suit for maintenance (for minors) was granted, thereafter, if the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the Family Court may entertain any such application (under S. 151, C.P.C.) and if necessary make alteration in the rate of maintenance allowance---

Objection was rejected accordingly.