The Delhi High Court recently held that a spouse cannot claim alimony if financially independent. The bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar underscored that permanent alimony under Section 25 of the Hindu Marriage Act is intended as a measure of social justice, not to enrich or balance the finances of capable individuals.
The ruling arose from a plea by a woman, a Group ‘A’ officer in the Indian Railways Traffic Service, seeking permanent alimony and compensation from her advocate husband following their divorce.
Married in 2010, the couple lived together for only a year. The family court dissolved the marriage in August 2023 on grounds of cruelty. The husband accused the wife of mental and physical cruelty, including insulting messages and denial of conjugal rights. The wife denied these allegations and countered with claims of cruelty by her husband.
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The family court also noted that the wife had demanded Rs 50 lakh as a financial settlement to consent to the divorce. The High Court observed that “when a spouse predicates consent to divorce upon payment of a substantial sum, the resistance is driven by pecuniary considerations, not affection or reconciliation.”
The bench highlighted that courts must judiciously exercise discretion under Section 25, taking into account the income, earning capacity, property, and conduct of both parties. Alimony cannot be awarded where the applicant is financially self-sufficient and independent.
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