Enhancement of Maintenance second suit

section 5 & 17, CPC section 11, suit for enhancement of maintenance allowance– second suit– Resjudicata– principle of — applicability— scope– Respondent filed suit for enhancement of maintenance allowance which was earlier fixed through a decree— trail court dismissed the suit whereas appellate court allowed the appeal and remanded teh suit for adjudication on merits— validity— family court act 1964 had not barred the filing of a second suit for enhancement of maintenance allowance—- second suit was only barred in cases where the matter was directly or substantially in issue in a former suit between the parties— earlier suit was for recovery of maintenance allowance but issue regarding its enhancement was neither raised nor was considered in that suit and thus was not in issue— section 11, CPC did not bar any subsequent suit, which was filed only for enhancement of maintenance allowance– appellant court had rightly remanded the case to the trial court…

2020 CLC 320 Balochistan

2005 CLC 1913

Enhancement of minor Maintenance by filing application u/s 151 CPC

Enhancement of minor Maintenance by filing application u/s 151 CPC

Section 5 of family court act 1964, civil procedure code u/s 151 , maintenance, allowance for minors, enhancement of family—family court, powers of —- scope— order for maintenance allowance for minors was passed by family court— mother of minors sought enhancement in maintenance allowance through filing an application under section 151 CPC before the family court— objection for the father that enhancement in maintenance allowance could only be sought by filing a separate suit— valid provision 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 allowance and the matters connected therewith—once a decree by the family court in  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 section 151 CPC and if necessary make alteration in the rate of maintenance allowance— Objection was rejected accordingly..

2016 SCMR 1821