Alimony: Recently, there has been an increase in divorces solely for money and property. There have been many cases of husbands being severely harassed in the name of alimony. The suicide of Atul Subhash, a techie from Bengaluru, is an example of this. Now the Delhi High Court has made important statements regarding alimony.
Divorce cases are increasing and have now become common. In recent times, we have seen couples getting divorced within a few days or months of marriage. Today, a situation has arisen where people have to go to court to get a divorce. But, more importantly, there has also been an increase in people who divorce just for the sake of alimony.
Many cases are coming up where wives not only get divorced for money and property but also harass their husbands badly in the name of alimony. The suicide of Bangalore Atul Subhash is an example of this. There are many such cases. But the Bangalore case created a stir across the country. He committed suicide after making a video of his wife harassing him for alimony. Such incidents happen every day and everywhere. But the recent decision of the Delhi High Court is a lesson for those who get divorced for alimony.
The Delhi High Court recently clarified that a spouse who is financially independent and self-reliant cannot be granted maintenance allowance. A division bench headed by Justice Anil Khetrapal and Justice Harish Vaidyanathan Shankar expressed this view while hearing a petition filed by a woman working as a Group ‘A’ officer in the Indian Railway Traffic Service. The bench said that permanent maintenance allowance is a measure for social justice. It is a settled principle that it is not a means of equalizing the financial position of two able-bodied persons or of accumulating wealth.
The bench stressed that the courts have the discretion to award permanent maintenance under Section 25 of the Hindu Marriage Act (HMA). While exercising this discretion, other relevant circumstances such as income, earning capacity etc. should be taken into account. The court said that when the petitioner is financially self-reliant and independent, the judicial discretion under Section 25 should not be exercised to award maintenance. It clarified that this discretion should be exercised fairly and properly on the basis of the record.
The husband was the lawyer in this case. After the divorce, the woman filed a petition seeking permanent alimony and compensation from her husband. The couple, who got married in 2010, lived together for only a year. The family court granted their divorce in August 2023.
The husband alleged that his wife abused him mentally and physically by sending him abusive messages, deprived him of his conjugal rights and humiliated him in professional and social situations. The wife denied these allegations and also accused her husband of harassment. The wife stated in her affidavit that the wife had demanded a financial compensation of Rs 50 lakhs for agreeing to break the marriage.
The woman challenged the Family Court’s decision regarding her divorce maintenance allowance. On this basis, the court refused to award maintenance. The High Court said that the woman was “not reluctant to get a divorce, but was trying to emphasize the need for financial security.”
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