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Allahabad High Court Lowers Lawyer's Maintenance to Rs 3,750, Citing Uncertain Earnings

The court applied Supreme Court proportionality principles after finding the junior advocate's income irregular and undocumented.

Overview

  • Justice Madan Pal Singh partly allowed a criminal revision in Sri Hiralal vs State of U.P. and Another, modifying a May 16, 2024 Pilibhit family court order.
  • The monthly amount was reduced from Rs 5,000 to Rs 3,750, with the revised sum payable from the date of the original application.
  • The bench noted that early-stage district court lawyers commonly face severe financial hardship and that the husband's earnings were uncertain and fluctuating.
  • Citing Rajnesh vs Neha and other Supreme Court rulings, the court held that maintenance must be reasonable and proportionate to actual paying capacity.
  • Any sums already paid will be adjusted, and unpaid arrears, if any, must be cleared in fifteen equal monthly instalments starting on or before December 20, 2025.