S. ALI HASSAN RIZVI, J.---The petitioners seek to set aside the judgment and decree passed by the learned Appellate Court whereby the maintenance allowance fixed for petitioners Nos.2 to 6 at the rate A of Rs,500 per month each with 10% annual increase was allowed and modified, whereas the learned trial Court fixed the same at the rate of Rs,1,000 per month each vide judgment and decree, dated 1-7-2008.
2. Heard. The minors petitioners Nos.2 to 6 are school going whereas the learned Appellate Court without any evidence observed as none of these are getting education from any institution.
Respondent No,1 claims that he is working as daily wager at the hotel of his father, which is not believable because he claims, the hotel of his father. Learned counsel for the petitioner reiterated that in fact the respondent is a owner of the hotel and earns handsome money. The learned counsel for the respondent has adopted the same version that he is not having source of income.
In the circumstances, the income of respondent No,1 Muhammad Shahbaz cannot be determined with exactitude and safely can be said he is earning handsome money. It is the statutory duty of the respondent/father to provide maintenance to his minor children to be brought up in a better way. The prices of the daily use articles are rocketing to sky and Appellate Court without recording any reason and by applying rule of thumb reduce the maintenance allowance. However, to the extent of enhancement at the rate of 10% annual increase was correct and the impugned judgment and decree is maintainable. The learned Appellate Court in wrong appreciation of evidence without application of judicious mind passed the decree and reduced the maintenance allowance. Keeping in view the patent illegality and misreading of evidence to the extent of reduction of maintenance allowance without any reason, the impugned decree is set aside but maintained to the extent of annual increase. The judgment and decree of learned Judge Family Court dated 1-7-2008 is maintained and minor petitioners are also entitled for the annual increase @ of 10% per year as awarded by the Appellate Court, therefore, in the exercise of Constitutional jurisdiction as discussed above, the writ petition is accepted.