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