PLD 2009 SC 760

Tauqeer Ahmad Qureshi V/S Additional District Lahore

S.5 & 13. Decree of maintenance allowance to minors by the Family Court with an annual increase of 20% in the amount of monthly allowance. Execution of decree — Executing Court though could not go behind the decree but at the same time the said court could look into the question whether the decree or part thereof was executable or inexecutable and if for any reason the decree had become inexecutable, the Executing Court was empowered to declare so and if a part of the decree was inexecutable and that part was severable from the other part(s) of the decree then the Executing Court was empowered to refuse the execution of the inexcutable part of the decree and may proceed with the execution of the rest of the decree. In the present case, there was nothing on the record to show that the father of the minors had the means to pay the increase as ordered by the trial court. Minors, for the future prospects, could always approach the Family Court for the increase in the maintenance allowance due to any change in the circumstances. Judgment of High Court and the courts below, were, therefore, not sustainable to the extent of 20% increase in the maintenance allowance of minors who shall be entitled only to the 5% annual increase in the allowance which would meet the ends of justice