Lawyer’s income ‘irregular’: Telangana High Court restores Rs 20,000 maintenance to wife

The Telangana High Court has reinstated a 2013 interim maintenance order awarding Rs 20,000 per month to a lawyer wife, arguing that professional qualifications do not automatically equate to sufficient income. The court ruled that maintenance must be based on actual income, not earning potential, emphasizing that practicing law and having sufficient income to support oneself are distinct considerations.

The case originated from a matrimonial dispute where the wife, a member of the Bar in independent practice, challenged the original order, which had been set aside by the High Court in October 2024. The court noted that an advocate's income can fluctuate depending on client work and practice expenses, distinguishing this from regular salaried employment.

The High Court found that the earlier decision had not adequately assessed the wife’s actual income, relying on the Supreme Court's 2020 judgment in Rajnesh v Neha, which outlines maintenance determination criteria. Additionally, the court clarified that the October 2024 order exceeded its jurisdiction by re-evaluating the evidence considered by the family court.

The High Court held that the original 2013 order would stand, directing the husband to pay the previously agreed-upon interim maintenance and to file a statement of maintenance payments within four weeks.