Lawyers At Initial Stage Of Practice In District Courts Struggle To Earn Sufficient Income: Allahabad High Court
Observing that it is a matter of common knowledge that lawyers at the initial stage of practice in district courts struggle to earn sufficient income and often face severe financial hardship, the Allahabad High Court recently reduced the maintenance amount payable by a junior advocate to his estranged wife.
A Bench of Justice Madan Pal Singh modified the order of the Family Court, Pilibhit, noting that the previously awarded maintenance of Rs. 5K was ‘excessive’ given the “uncertain and fluctuating income” of the husband, who is a practising lawyer.
The revisionist submitted that he completed his LLB in 2016 and is currently practising under a senior counsel in the District Court while preparing for competitive examinations.
His counsel highlighted that he earns merely Rs 300-400 on some days and nothing on others, making it extremely difficult for him to meet even his basic livelihood expenses.
Justice Singh noted that while the marriage was admitted, there was no documentary evidence to substantiate the wife’s claims regarding the husband’s stable income.
Instead, the Court took judicial notice of the financial reality of the legal profession. The Court observed thus:
“It is a matter of common knowledge that most lawyers at the initial stage of practice in district courts struggle to earn sufficient income and often face severe financial hardship”.
Noting that the husband’s income was “uncertain and fluctuating”, the Court stated that in the absence of proof of fixed income, the maintenance amount “must be reasonable and proportionate to the paying capacity of the husband.”