The Allahabad High Court has delivered a significant ruling that acknowledges the financial challenges faced by lawyers at the beginning of their careers. In a revision plea, the court reduced the monthly maintenance amount a lawyer husband was ordered to pay his estranged wife, observing that his income was too uncertain to sustain the original sum.
Court Recognizes Financial Hardship of New Lawyers
Justice Madan Pal Singh, presiding over the case, made a notable observation about the legal profession's economic realities. The court stated it is common knowledge that most lawyers starting their practice in district courts struggle to earn sufficient income and often face severe financial hardship. This recognition formed a core part of the court's rationale for its decision.
The case involved a plea filed by the husband, an advocate, challenging a family court order from December 2025 that directed him to pay Rs 5,000 per month to his wife. His counsel, Chakshuvendra Pachauri, argued that the man had completed his LLB in 2016 and was still preparing for competitive examinations while beginning his practice. The counsel emphasized that the husband's income was highly irregular.
Uncertain Income Leads to Revised Calculation
The husband's financial situation was detailed in court submissions. It was argued that his daily earnings could be as low as Rs 300-400 on some days, and nothing on others, making it difficult for him to cover basic living expenses. The state's counsel, Atul Pandey, countered by stating the husband was a practicing lawyer earning a good income.
However, the High Court found that there was no documentary evidence of a stable or regular income for the husband. The court referenced key Supreme Court precedents, including the 2021 case of Rajnesh vs. Neha and others, which establish that maintenance must be reasonable and proportionate to the husband's paying capacity.
The bench held that the original maintenance amount of Rs 5,000 was not commensurate with the husband's uncertain and fluctuating income. While reaffirming the legal obligation of a husband to maintain his wife, Justice Singh stressed that the amount must be reasonable and within his actual financial capacity.
Maintenance Reduced to Rs 3,750 Per Month
Based on this assessment, the Allahabad High Court partly allowed the criminal revision petition. The court reduced the maintenance amount from Rs 5,000 to Rs 3,750 per month, effective from the date of the original application. The ruling underscores the judiciary's effort to balance spousal support obligations with a realistic appraisal of earning capacity, especially in professions with unstable initial earnings.
This decision highlights the practical challenges within the legal ecosystem and sets a precedent for considering profession-specific income volatility in family law matters. It serves as a crucial reminder that maintenance calculations require a nuanced view of current financial reality, not just potential future earnings.
