- By Shubham Bajpai
- Sat, 18 Oct 2025 06:49 PM (IST)
- Source:JND
The Delhi High Court has ruled that alimony can not be awarded to a spouse if he/she is financially independent and self-sufficient.
While giving the verdict, a Division Bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar observed that the provision is a measure of social justice, not a tool for enrichment or financial equalisation between capable individuals.
The bench emphasised that Section 25 of the Hindu Marriage Act (HMA) leaves it to the court's discretion to award permanent alimony and maintenance, based on the income, earning capacity, property, and conduct of the parties, as well as other relevant circumstances.
According to Bar and Bench, the court said, "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".
ALSO READ: Delhi: What Triggered The Fire At MP’s Apartments On BD Marg? Preliminary Investigation Reveals
The Bench made the observation while hearing a petition challenging a family court order that denied permanent alimony to a woman and granted divorce to her husband on grounds of cruelty.
The Delhi court upheld the family court verdict. The case revolves around the divorce of a couple, where the husband is a practising advocate, and the wife is a Group A Indian Railway Traffic Service (IRTS) officer
Married in 2010, the couple lives together only for a year and the marriage was dissolved in August 2023. The divorce was granted on the grounds of cruelty.
ALSO READ: Delhi Deepotsav 2025: 1.51 Lakh Diyas, Drone Show And Ram Katha To Illuminate Kartavya Path Tonight
The husband accused wife of using 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.