LHC allows annual hike in maintenance amount from date of suit’s institution

LAHORE: The Lahore High Court (LHC) allowed a petition of a woman, Mahnoor Azhar, and held that a decree issued by a family court about the annual increase in maintenance would deem to have come into effect from the date of institution of the suit, not the date of the decree issued.

The court observed that the petitioners are entitled to 10 percent annual increase in the maintenance amount awarded to them from the date of institution of the suit.

It is a settled legal position that the purpose of the Family Act, 1964 is to protect the minors and women, who are considered to be part of the vulnerable segment of society, the court added.

The court observed that it would be against the interest and welfare of the minors to grant annual increase from the date of decree issued, particularly in cases like the one in hand where there is almost a gap of six years between the date of institution of the suit and date of final order passed.

The court said if the plea of the respondent, Lt Col Muhammad Sohail Khan, as to grant of annual increase from the date of decree is allowed, it would not only frustrate the object of the law but also put premium in the hands of a defendant. “Such an interpretation will be contrary and repugnant to the object and purpose of the law,” the court added.

The petitioners were real children, born out of the wedlock of petitioner Mahnoor and respondent Lt Col Muhammad Sohail Khan.

The petitioners had instituted a suit for maintenance in the year 2004, which was decreed by the family court on January 28, 2010.

Copyright Business Recorder, 2022