The Delhi High Court decreed on Friday that alimony could not be granted to a “self-sufficient” spouse in case of a divorce. The Bench noted that permanent alimony was intended as a measure of social justice and not a tool to enrich or equalise the financial status of two capable individuals. The plea was filed by a woman employed in the Indian Railways Traffic Service, and sought permanent alimony and compensation from her lawyer ex-husband. Their marriage was dissolved by a family court on the grounds of cruelty.
“Judicial discretion 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,” Bar and Bench quoted the Court as saying.
The Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar also noted that the petitioner had not appeared averse to her divorce but sought “to canvass the need for financial security”. The woman also challenged the earlier family court verdict that cited cruelty towards her husband to deny alimony. The Delhi HC however found no grounds to interfere — noting that she had used degrading language against the husband, used filthy epithets for his mother subjected him to ‘mental cruelty’.
“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 concluded.