Delhi High Court Rules Alimony Cannot be Granted to Financially Independent Spouse

The Delhi High Court has ruled that alimony cannot be granted to a spouse who is financially independent and self-sufficient. The Court clarified that permanent alimony is intended as a measure of social justice rather than as a means to enrich or equalise the financial position of two capable individuals.

 

A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that the party seeking alimony must demonstrate a genuine financial need. “Judicial discretion under Section 25 of the Hindu Marriage Act cannot be exercised to award alimony where the applicant is financially self-sufficient. Such discretion must be applied judiciously, based on the relative financial capacities of the parties and the absence of any material showing economic vulnerability,” the Court said.

 

The observations came while the Bench upheld a family court order denying permanent alimony to a woman and granting divorce to her husband on grounds of cruelty.

 

The couple, both previously divorced, had married in January 2010 but separated within 14 months. The husband, a practising advocate, accused his wife -- a Group A Indian Railway Traffic Service (IRTS) officer -- of mental and physical cruelty, including abusive language, humiliating messages, and denial of conjugal rights. The wife denied these allegations and counter-accused the husband of cruelty.

 

During proceedings, the family court noted that the wife had demanded ₹50 lakh as a financial settlement in exchange for agreeing to dissolve the marriage -- a fact she admitted both in her affidavit and during cross-examination. The court rejected this demand and granted the divorce.

 

The High Court upheld the family court’s reasoning, stating that when resistance to divorce is tied to monetary demands, it reflects a financial motive rather than genuine affection or a desire to preserve the marriage.

 

It also noted that the wife had used derogatory and demeaning language towards her husband and his mother, including accusations of illegitimacy -- behaviour amounting to mental cruelty.

 

Given the short duration of the marriage, absence of children, and the wife’s substantial independent income as a senior government official, the Court found no justification for awarding alimony.

 

“The short cohabitation period, lack of financial necessity, and the Appellant’s independent income cumulatively negate any claim for permanent alimony,” the Bench concluded.