Alimony Can't Be Granted To Financially Independent Spouse: Delhi High Court

Last Updated:October 18, 2025, 16:02 IST

Delhi High Court ruled that alimony cannot be granted if the spouse is financially self-sufficient, citing Section 25 of the Hindu Marriage Act.

The woman also challenged the family’s court finding of cruelty inflicted by her on her husband. (Representational)

The Delhi High Court recently held that alimony cannot be awarded to a spouse if he/she is financially self-sufficient and independent.

While hearing a plea filed by a woman, employed as a Group ‘A’ officer of the Indian Railways Traffic Service, a division bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar noted that it is a settled principle that permanent alimony is intended as a measure of social justice and not as a tool for enrichment or equalising the financial status of two capable individuals, Bar&Bench reported.

The bench also emphasised that Section 25 of the Hindu Marriage Act (HMA) leaves courts with discretion to award permanent alimony and maintenance, taking into account the income, earning capacity, property, and conduct of the parties, as well as other relevant circumstances.

“Judicial discretion under Section 25 of the Hindu Marriage Act (HMA) 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," it said.

What’s The Case?

The court was hearing a plea filed by the woman who sought permanent alimony and compensation from her husband, who is an advocate, after their divorce.

Married in 2010, the couple lived together only for a year. The marriage was dissolved by a family court in August 2023 on grounds of cruelty.

The husband alleged mental and physical cruelty by the wife, including abusive language, insulting text messages, denial of conjugal rights and humiliation in professional and social spheres. The wife denied these allegations and counter-accused the husband of cruelty.

The family court dissolved the marriage and also recorded that the wife demanded Rs 50 lakhs as a financial settlement for agreeing to the dissolution of the marriage. This was stated in her affidavit and reiterated during cross-examination.

The woman also challenged the family’s court finding of cruelty inflicted by her on her husband, based on which it had refused alimony.

Taking into account that the woman “did not appear to be averse to the divorce itself, but was seeking to canvass the need for financial security", the HC observed, “When a spouse, while ostensibly resisting the dissolution of marriage, simultaneously predicates consent thereto upon payment of a substantial sum, such conduct inevitably indicates that the resistance is not anchored in affection, reconciliation, or the preservation of the marital bond, but in pecuniary considerations."

Shobhit Gupta

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...Read More

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...

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