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The Delhi High Court on Friday ruled that alimony cannot be granted to a spouse who is financially self-sufficient and independent.

The bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar stated that judicial discretion under Section 25 of the Hindu Marriage Act cannot be exercised to award alimony where the applicant is financially self-sufficient and independent. The court clarified that such discretion must be exercised properly, 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 emphasized that permanent alimony is intended as a form of social justice, not as a tool to equalize the financial status of two capable individuals.

Case Background The ruling came in response to a woman’s petition challenging the family court’s August 2023 decision granting divorce to her husband on the grounds of cruelty and denying alimony.

• The couple married in January 2010 but had been living separately since March 2011.
• In 2011, the husband filed for divorce, alleging that the wife subjected him to cruelty through profane and degrading language toward him and his family.
• The family court in 2023 granted the divorce and denied alimony. The wife had initially requested ₹50 lakh as alimony but expressed no objection to the dissolution of the marriage.

In her petition before the high court, the woman argued that her husband had subjected her to cruelty by making false complaints to her superiors in the Indian Railways, submitting representations to the President of India, and instituting false proceedings against her. She stated she was approaching retirement and would require funds to maintain a comfortable life.

Samantha rejects alimony

The husband argued that her opposition to the divorce was a strategic move to secure a financial settlement rather than an attempt to restore marital harmony.

High Court Verdict The court upheld the family court’s order, noting:

• The appellant’s use of degrading language toward her husband and his family constituted mental cruelty.
• Her initial resistance to the divorce, followed by consent after receiving a substantial sum, suggested that her actions were motivated by financial considerations rather than reconciliation.
• The inference that her approach bore a clear financial dimension was based on evidence and considered logical.

Consequently, the Delhi High Court denied alimony, confirming that financial independence disqualifies a spouse from claiming permanent alimony under the Hindu Marriage Act.

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