Financially self-sufficient spouse not eligible to receive alimony: Delhi High Court

The Delhi High Court on Friday held that alimony cannot be awarded to a spouse who is “financially self-sufficient”.

A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar upheld a family court’s August 2023 decision denying permanent alimony to a woman employed as a senior officer in the Indian Railways Traffic Service.

The court also upheld the family court’s decision to grant divorce to her husband, a lawyer, on the grounds of cruelty.

In its judgement, the Delhi High Court said 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.”

The court stressed that an applicant for alimony must demonstrate a real need for financial support, and that judicial discretion must be exercised on the basis of evidence and relevant circumstances.

The couple, both of whom had been previously divorced, were married in January 2010 but separated within 14 months. The husband filed for divorce citing mental and physical cruelty, including abusive language, humiliating text messages and denial of conjugal rights.

The wife denied the allegations and accused him as well of cruelty. She alleged that he had married her only to “misuse her official position...

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