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MAINTENANCE ALLOWANCE
Relevant Law
• Section 17-A
Situation was different from prior to the amendment of 2015. Initially, the fixation of interim maintenance allowance was discretion of Court, however, in 2015, Punjab Family Court Amended Act, 2015, now as per amendment of 2015 for fixation of interim maintenance allowance, word Shallhas been used that
On the first date of hearing,
Court shall fix the interim monthly maintenance allowance of wife or a child.
Effect of non-payment of interim maintenance allowance.
It has also been clarified that interim maintenance allowance has to be paid by the defendant on 14th Day of each month.
In case of failure, the defence of defendant shall stand struck of and Family Court shall decree the suit for maintenance allowance on the basis of averments in the plaint and other supporting documents on record of the case.
Procedure for the purpose of fixation of maintenance allowance.
Final fixation of maintenance allowance
Family Court shall peruse the pro and contra evidence.
Income of defendant.
The Family Court may summon the relevant documentary evidence from any organization, body or authority to determine the estate and resources of the defendant
For example, plaintiff alleges that defendant is the employee of Pakistan Tobacco Company and his monthly income is Rs.100,000/- per month, whereas, defendant tenders a pay slip and asserted otherwise plaintiff raise the objection that is not genuine one so, in this situation, Court may summon the record of PTC.
Higher than claimed
As per amendment of 2015, discretion has been given to the Court for fixation of an amount maintenance allowance higher than amount claimed in the plaint due to afflux of time or any other relevant circumstance. (For example, father was in Pakistan at the time of filing of suit and later on, he proceeded to U.K)
Annual Increment
Family Court shall prescribed annual increment in maintenance allowance if increment is not mentioned then maintenance allowance will be automatically increased at the rate of 10% per year.
However, on the Court there is no restriction of 10% if Court specified.
Inference
From above clear command of law, inference may be drawn that Family Court has not to left unattended the factum of annual increment and same should not be less than 10%.

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