(MENAFN- Live Mint) The Delhi High Court has clarified that permanent alimony is not an automatic right after divorce - especially if the spouse seeking it is financially self-sufficient. The ruling underscores that the purpose of alimony is to prevent destitution, not to equalise incomes or serve as a financial windfall.

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The court observed while dismissing a plea by a senior government officer who had sought permanent alimony and compensation from her former husband, an advocate. The couple married in 2010 but separated within a year, and their marriage was dissolved on the grounds of cruelty by a family court in August 2023.

In its order dated October 17, the bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar noted that the woman, a Group 'A' officer in the Indian Railways Traffic Service, earns a substantial income and has no dependents. These facts, the court said, show she is“fully capable of maintaining herself” without financial assistance from her former spouse.

Quoting the ruling, The Indian Express reported that the judges found the woman's approach indicative of financial motives rather than emotional ones:“When a spouse, while ostensibly resisting the dissolution of marriage, simultaneously predicates consent thereto upon payment of a substantial sum, such conduct inevitably indicates that the resistance is not anchored in affection, reconciliation, or the preservation of the marital bond, but in pecuniary considerations.”

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The court stressed that Section 25 of the Hindu Marriage Act empowers judges to grant permanent alimony and maintenance. Still, the provision is“fundamentally equitable in nature” and contingent upon proof of“genuine financial necessity.” It is designed to ensure that a spouse without independent means is not left destitute after a divorce - not to offer additional financial comfort to those already capable of self-sustenance.

“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 bench observed. In this case, there was no evidence of financial hardship, health issues, or significant disparity in the parties' incomes that would justify judicial intervention.

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The Delhi High Court's decision is a significant reminder that financial independence matters in divorce settlements. Alimony, the bench reiterated, is not guaranteed - it must be earned based on demonstrated need, not as a matter of course.

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