Court acknowledges uncertain financial status of practicing lawyer, revises monthly maintenance from Rs. 5,000 to Rs. 3,750
In a significant ruling, the Allahabad High Court has revised the maintenance amount awarded to a wife by reducing it from Rs. 5,000 to Rs. 3,750 per month, acknowledging the uncertain and fluctuating income of her husband, Sri Hiralal, a practicing lawyer. The judgment was delivered by Justice Madan Pal Singh in the Criminal Revision No. 3510 of 2024, dated November 19, 2025.
Sri Hiralal, who completed his L.L.B. in 2016 and is currently preparing for competitive examinations while practicing under the guidance of a senior lawyer, had filed a revision petition challenging the order of the Family Court, Pilibhit, which directed him to pay Rs. 5,000 per month as maintenance to his wife, Smt. Kamla Devi. He argued that his income was highly uncertain, fluctuating from Rs. 300-400 per day, and at times, no income at all, making it arduous to cover even basic living expenses.
The counsel for the opposite party, representing the State of U.P., contended that Hiralal was earning a substantial income from his practice and was also the owner of 8 bighas of land and two houses, earning more than Rs. 50,000 per month from rent alone. Given the current inflation, they argued the amount stipulated by the Family Court was neither excessive nor beyond Hiralal's financial capacity.
Justice Singh acknowledged the legal obligation of a husband to provide maintenance to his wife but emphasized that the amount must be reasonable and proportionate to the husband's paying capacity and financial stability. The court noted the absence of documentary evidence indicating a stable or regular income for Hiralal and recognized the financial struggles faced by most lawyers during the initial stages of their practice in district courts.
The judgment referenced key principles laid down by the Supreme Court in cases such as "Rajnesh v. Neha," "Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy," and "Kulbhushan Kumar v. Raj Kumari," highlighting the necessity for maintenance amounts to be aligned with the husband's financial capacity. Consequently, the court deemed the previously awarded maintenance as excessive and proceeded to adjust it to Rs. 3,750 per month.
The court directed that the revised maintenance amount should be calculated from the date of the original application. It also outlined a payment plan for any outstanding arrears, allowing Hiralal to pay in fifteen equal monthly instalments, with the first instalment due by December 20, 2025.
This decision marks a pivotal acknowledgment of the financial realities faced by individuals in the legal profession, especially those at the beginning of their careers, ensuring that maintenance obligations are fair and reflective of actual earning capacities.
Bottom Line:
Maintenance under Section 125 Cr.P.C. - Maintenance amount must be reasonable and proportionate to the paying capacity of the husband, taking into consideration his uncertain and fluctuating income.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Sri Hiralal v. State of U.P., (Allahabad) : Law Finder Doc Id # 2823419
