The Delhi high court has clarified that alimony cannot be granted to a spouse who is financially self-sufficient, holding that permanent alimony under the Hindu Marriage Act is a measure of social justice and not a tool for enrichment or financial equalisation between capable individuals.

A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that anyone seeking maintenance must demonstrate a genuine need for financial assistance.

“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, 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 said, as reported by Bar and Bench.

The bench made these observations while upholding a family court’s decision that denied permanent alimony to a woman and granted divorce to her husband on the grounds of cruelty.

The couple, both professionals — the husband, a practising advocate, and the wife, a Group A Indian Railway Traffic Service (IRTS) officer — had each been divorced before marrying in January 2010.

They separated within 14 months of marriage.

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

The family court, while dissolving the marriage, noted 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.

The high court found no reason to interfere.

“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.

It further held that the wife had used degrading language against her husband and his mother, including calling him of illegitimate birth, conduct that amounted to mental cruelty.

Rejecting the plea for permanent alimony, the high court noted that the woman was a senior government officer with a substantial income and was therefore financially independent.

“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 held.

The ruling comes at a time when courts have scrutinised high-value alimony claims.

In July, a woman’s petition seeking a house in Mumbai, Rs 12 crore as maintenance, and a high-end BMW car prompted Chief Justice of India B.R. Gavai to remark that she was “highly qualified” and capable of earning her livelihood.

“Aap itni padi likhi hai. Aapko khudko mangna nahi chahiye aur khudko kama ke khana chahiye (You are so educated, you must not ask and earn your livelihood),” the Chief Justice had observed.