New Delhi,21th October 25:
In a significant ruling, the Delhi High Court has held that a financially independent spouse cannot claim alimony or permanent maintenance under Section 25 of the Hindu Marriage Act, 1955. The court emphasized that the purpose of maintenance is to support those who are genuinely in need of financial assistance, not those who are self-sufficient.
The judgment came in response to a petition filed by a woman — an Indian Railway Traffic Service (IRTS) officer — who sought permanent alimony from her estranged husband, a practicing advocate. The couple had separated after just 14 months of marriage and have no children.
The bench observed that the woman was a Group A government officer with a steady income and therefore financially independent. Given her professional standing and economic stability, the court ruled that she was not entitled to any maintenance from her husband.
“The intent of Section 25 is to provide financial relief to a spouse who is unable to maintain themselves after divorce,” the court stated, adding that alimony is “a measure of social justice, not a tool for equalizing wealth between spouses.”In her plea, the woman alleged that her husband had subjected her to mental and physical cruelty, including verbal abuse and humiliating messages. The husband, however, countered that she was financially capable of maintaining herself, and the court ultimately agreed with him.
After reviewing the couple’s financial records and the short duration of the marriage, the court dismissed the woman’s plea for permanent alimony.
This decision comes amid increasing scrutiny of high-value alimony claims in India. In a similar observation earlier this year, Chief Justice of India D.Y. Chandrachud noted during a hearing that “an educated, employed woman cannot demand maintenance as a right when she is fully capable of earning.”
