New Delhi: The Delhi High Court has ruled that a financially self-sufficient and independent spouse is not entitled to alimony under Section 25 of the Hindu Marriage Act, 1955. The court held that the purpose of maintenance is to prevent destitution, not to create financial parity between equally capable individuals.
The Division Bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar observed that the grant of alimony is not automatic and depends on proof of genuine financial need. The judgment came while hearing an appeal by a Group ‘A’ officer of the Indian Railway Traffic Service, who sought alimony after her marriage with an advocate was dissolved by a Family Court on the ground of cruelty.
The appellant argued that she required financial security as she approached retirement, while her husband alleged that she had subjected him and his family to mental cruelty through abusive language. The court found that her resistance to divorce was not rooted in affection or reconciliation but driven by financial motives.
The judges said that judicial discretion under Section 25 must be applied only when there is evidence of real economic vulnerability. Since the appellant was a senior officer with a steady income and no dependents, the court concluded there was no basis for granting maintenance.
The court upheld the Family Court’s decree of divorce and reaffirmed that permanent alimony is a form of social justice meant to prevent hardship, not to enrich a financially secure spouse.
