The Delhi High Court has ruled that alimony cannot be awarded to a spouse who is financially self-reliant, emphasising that permanent alimony is intended as a form of social justice rather than a means for enrichment or financial equalisation between capable parties.

A Division Bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar stated that the law mandates the applicant seeking alimony to establish a genuine requirement for financial support.

“Judicial discretion under Section 25 [of the Hindu Marriage Act (HMA)] cannot be exercised to grant 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

See Full Page