Financially independent spouse not entitled to alimony, rules Delhi High Court

The Delhi High Court has held that alimony cannot be granted to a spouse who is financially independent and self-sufficient, noting that permanent alimony serves as a measure of social justice rather than a means of enrichment or financial equalisation between economically capable partners.

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A Division Bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that the law mandates the spouse seeking alimony to establish a genuine requirement for financial support.

Court upholds alimony denial

“Judicial discretion under Section 25 [of Hindu Marriage Act (HMA)] cannot be exercised to award alimony where the applicant is financially self-sufficient and independent, and such discretion must be exercised properly and judiciously, based on the record, the relative financial capacities of the parties, and the absence of any material demonstrating economic vulnerability on the part of the Appellant,” the court held, Bar and Bench reported.

The HC bench made the remark while upholding a family court order that denied permanent alimony to a woman and granted divorce to her husband on grounds of cruelty.

Both spouses – the husband, a practising advocate, and the wife, a Group A Indian Railway Traffic Service (IRTS) officer –had been divorced previously before marrying in January 2010; they separated within 14 months of marriage.

Wife’s behaviour deemed cruel

The husband accused the wife of mental and physical cruelty, citing abusive language, insulting text messages, denial of conjugal rights and humiliation in professional and social circles; the wife denied these allegations and counter-accused him of cruelty.

The family court dissolved the marriage and recorded that the wife had demanded Rs 50 lakh as a financial settlement to agree to the divorce, a claim she admitted in her affidavit and during cross-examination, Bar and Bench reported. The High Court saw no reason to intervene with this finding.

“The inference drawn by the learned family court that the Appellant's approach bore a clear financial dimension cannot be said to be unfounded or unreasonable; rather, it was a logical conclusion based on the evidence before it,” the bench said.

The court also noted that the wife had used “degrading language” toward her husband and his mother, including remarks about his legitimacy, which it held amounted to mental cruelty. Consequently, the High Court denied her permanent alimony, observing that she was a senior government officer with a substantial income and therefore financially self-reliant.

Courts scrutinise alimony claims

"The short duration of cohabitation, the absence of children, the Appellant's substantial and independent income, and the lack of credible evidence of financial necessity cumulatively negate any claim for permanent alimony. Accordingly, we find no justifiable ground to interfere with the findings of the learned Family Court, and the prayer for permanent alimony is therefore rejected," the bench said, dismissing her plea.

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The ruling comes amid a growing trend of high-value alimony claims in India, which courts have increasingly scrutinised.

In July, a woman’s plea demanding a house in Mumbai, ₹12 crore in maintenance, and a luxury BMW car led Chief Justice of India BR Gavai to remark that she was “highly qualified” and capable of supporting herself financially.