NEW DELHI: The Delhi High Court has said that alimony cannot be granted to a spouse who is financially independent, emphasising that permanent alimony under the Hindu Marriage Act (HMA) is meant as a measure of social justice, not as a means of financial equalisation.
A division bench, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, made the observation while hearing a plea filed by a woman officer of the Indian Railways Traffic Service (Group ‘A’) seeking permanent alimony and compensation from her husband, an advocate, following their divorce.
The couple, married in 2010, lived together for only a year before separating. Their marriage was dissolved by a family court in 2023 on grounds of cruelty. The husband had accused his wife of mental and physical cruelty and humiliation in social and professional settings. The wife denied the charges and counterclaimed cruelty by her husband.
The family court had not only dissolved the marriage but also recorded that the woman had sought Rs 50 lakh as a settlement in exchange for agreeing to the divorce. The demand was acknowledged in her affidavit and reaffirmed during cross-examination. The court refused her plea for alimony.
The woman moved HC, contesting the findings of cruelty and the denial of maintenance. However, the bench upheld the lower court’s decision, observing that judicial discretion under Section 25 of the HMA must be applied judiciously and cannot be used to award alimony to a financially independent individual.