"Alimony Not For Financially Independent": Delhi Court Denies Maintenance to Railway Officer

"Alimony Not For Financially Independent": Delhi Court Denies Maintenance to Railway OfficerThe ruling comes amid a growing trend of high-value alimony claims in India, which courts have increasingly scrutinised.

The Delhi High Court has ruled that alimony cannot be awarded to a spouse who is financially self-sufficient and independent, observing that permanent alimony 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 said the law requires the person seeking alimony to demonstrate a genuine need for financial assistance.

"Judicial discretion under Section 25 [of 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, the relative financial capacities of the parties, and the absence of any material demonstrating economic vulnerability on the part of the Appellant," the Court held, Bar and Bench reported.

The Bench made the observation while upholding a family court order that denied permanent alimony to a woman and granted divorce to her husband on grounds of cruelty.

Both spouses, the husband, a practising advocate, and the wife, a Group A Indian Railway Traffic Service (IRTS) officer, had been previously divorced before marrying in January 2010. They separated within 14 months of marriage.

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

The family court dissolved the marriage and 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, Bar and Bench reported.

The High Court found no reason to interfere with this finding.

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

Ultimately, the High Court refused to grant permanent alimony, noting that the woman was a senior government officer earning a substantial income and thus 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 said, dismissing her plea.

The ruling comes amid a growing trend of high-value alimony claims in India, which courts have increasingly scrutinised.

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 BR 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 said.