The Delhi High Court has ruled that permanent alimony cannot be awarded to a spouse who is financially self-sufficient, emphasising that alimony is meant as a measure of social justice rather than a tool for enrichment or financial equalisation between capable individuals.
A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that the law requires the person seeking alimony to demonstrate a genuine need for financial assistance.
“Judicial discretion under Section 25 (of the Hindu Marriage Act) cannot be exercised to award alimony where the applicant is financially self-sufficient and independent. 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