Lagatar24 Desk
New Delhi: The Delhi High Court has ruled that permanent alimony cannot be awarded to a financially independent spouse, holding that the provision exists as a measure of social justice, not as a means for enrichment or financial parity between capable individuals.
Court Upholds Denial of Alimony to Railway Officer
A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar dismissed a plea by a Group A Indian Railway Traffic Service (IRTS) officer seeking permanent alimony from her husband, a practising advocate. The couple, both previously divorced, had married in January 2010 and separated within 14 months. The court upheld a family court’s decision denying alimony while granting the husband divorce on grounds of cruelty.
The judges observed that the woman’s claim lacked evidence of financial necessity, as she was a senior government officer with a substantial income. “The short duration of cohabitation, absence of children, and the Appellant’s independent income cumulatively negate any claim for permanent alimony,” the Bench said.
Financial Independence Bars Maintenance Claims
The court emphasised that under Section 25 of the Hindu Marriage Act, judicial discretion cannot be exercised to grant alimony to financially self-sufficient individuals. It noted that the wife had demanded ₹50 lakh as a financial settlement to agree to divorce — a demand she admitted during cross-examination. The Bench found this indicative of a “financially motivated approach” and cited her “degrading language” towards her husband and his mother as grounds for cruelty.
Judicial Scrutiny of Rising Alimony Claims
The ruling reflects a broader judicial stance against excessive or unjustified alimony demands. In July, Chief Justice of India BR Gavai had similarly criticised a woman’s ₹12 crore maintenance demand, along with requests for a Mumbai home and luxury car, saying, “You are so educated; you must earn your livelihood.” Courts have increasingly stressed that alimony should be reserved for genuine financial dependence, not as a means of leverage.
