' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Mst. Nadia Nasreen daughter of the present petitioner Muhammad Anwar on 13-12-2006 instituted a suit for recovery of maintenance allowance against her father alleging that she is 17 years of age and is entitled for the maintenance allowance from her father at the rate of Rs,5,000 per month. It was alleged that her father is a man of means and earns more than Rs,75,000 per month from the different sources, The suit was contested by Muhammad Anwar denying the allegation and the learned Judge Family Court vide judgment dated 11-3-2008 fixed the maintenance allowance of the minor daughter at the rate of Rs,1,500 per month with annual increase of 15%. In appeal, filed by the present petitioner, the order was maintained vide judgment dated 25-4-2008 passed by Mr. Pervaiz Ismail Joiya, learned Additional District Judge, Samundri, District Faisalabad.
2. It is the contention of the learned counsel for the petitioner that the courts below while imposing increase of 15% per annum upon payment of monthly maintenance allowance have proceeded against the spirit of law as such, the increase in the payment of maintenance allowance is liable to be set aside.
3. Learned counsel for respondent No,1 while rebutting this submission argued that due to hike in prices in respect of commodities of daily use, the courts below had rightly granted annual increase.
4. After hearing both the parties, this court does not agree with the submission of learned counsel for respondent No,1 for the simple reason that the annual increase in the payment of maintenance allowance has not been provided in any provisions of the West Pakistan Family Court Act, 1964. It is the legislature to take into consideration the growing prices of the articles where after the same could legislate the law for imposing annual increase in the payment of maintenance allowance, till then, the courts have no jurisdiction to impose or levy any increase upon the payment of maintenance allowance. The increase levied' by the courts below upon the payment of maintenance allowance lacks statutory sanction as such, to this extent, the judgments of the courts below are liable to be set aside.
5. For the foregoing reasons, this petition is partly allowed by modifying the judgment of the learned trial court to the extent of levy of 15% increase. The respondent shall be entitled for the maintenance allowance of Rs,1500/- per month without any increase.