Overview

• The Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, in an order dated October 17, upheld a family court’s denial of alimony to a senior IRTS officer.
• The court ruled that judicial discretion under Section 25 cannot be used to award maintenance where the applicant is independently capable of self‑support.
• The case involved a 2010 marriage that ended cohabitation within 14 months, with the family court granting divorce on cruelty grounds in August 2023.
• The judges cited the short cohabitation, absence of children, the appellant’s substantial income, and no credible evidence of financial necessity as reasons to reject alimony.
• The bench noted the woman’s Rs 50 lakh settlement demand and degrading language toward her husband and his mother, upholding the family court’s finding of mental cruelty.