Financially independent spouse not entitled to alimony: Delhi High Court

The Delhi High Court has ruled that a financially independent spouse is not entitled to permanent alimony, stating that alimony is meant to provide support to those in genuine need, not to equalise financial status or serve as a tool for personal gain, Bar and Bench reported.The ruling came from a Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar while hearing a case where a woman had sought alimony after her divorce.The woman, a senior officer in the Indian Railway Traffic Service (IRTS), was denied alimony by a family court, which also granted divorce to her husband, a practising lawyer, on the grounds of cruelty. The High Court upheld the family court’s decision.The couple, both previously divorced, were married in January 2010 but separated within 14 months. The husband alleged acts of mental and physical cruelty, including abusive language, denial of conjugal rights, and public humiliation. The wife denied the allegations and levelled counter-allegations of cruelty.During the proceedings, the woman demanded Rs 50 lakh as a financial settlement in exchange for agreeing to the divorce, a claim she repeated during cross-examination. However, the court found no basis for the demand and refused to grant her any alimony.The High Court also took note of the wife’s use of “degrading language” towards her husband and his mother, including comments questioning his legitimacy. The Bench held that this amounted to mental cruelty.“The short duration of the marriage, no children, and the wife’s high and independent income, along with no proof of financial need clearly show she is not entitled to permanent alimony,” the Court said, dismissing her appeal.



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