Can Divorce Be Granted Without Alimony : Legal Facts (2025)

A divorce does not always mean you must pay or receive alimony. Under Indian law, spouses can mutually waive maintenance, or courts can deny it when the recipient is financially independent or has engaged in misconduct.

Here’s the answer up front: yes, divorce can be granted without alimony under specific conditions.

Divorce without alimony is possible under three broad scenarios:

Mutual Waiver: Spouses expressly agree to forego maintenance.
Financial Independence: Applicant demonstrates sufficient income or assets.
Misconduct: Proven cruelty, desertion, or adultery leads courts to refuse support.

Alimony Free Divorce - Can divorce be granted without alimony

01. Mutual Waiver of Maintenance

Across personal laws, spouses can exclude alimony in joint petitions:

Hindu Marriage Act, Section 13B: After one year’s separation, a mutual consent divorce petition may include a waiver of maintenance.
Indian Divorce Act (Christian), Sections 36–37: Christian spouses may agree to no maintenance in their divorce terms.
Dissolution of Muslim Marriage Act 1939: While this Act itself does not provide an explicit waiver clause, spouses may document no-maintenance terms in their contract, enforceable in sharia courts and civil courts under Section 125 CrPC.

02. Financial Independence as Ground to Deny Alimony

Courts refuse maintenance when the recipient’s own resources suffice. Key financial proofs include:

Salary slips, investment statements, business turnover.
Property valuations, bank statements.
In Mohammed Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held Section 125 CrPC applies to all women, but discretionary maintenance under personal laws may be denied if the wife is self-supporting.

03. Misconduct and Denial of Maintenance

Under Section 125 CrPC and personal laws, alimony may be withheld if the applicant is guilty of:

Adultery
Cruelty
Desertion

In Rakhi Sadhukhan v. Raja Sadhukhan (May 29, 2025), the Supreme Court emphasized misconduct as a factor when awarding maintenance, raising permanent alimony to ₹50,000 per month with 5% biennial increments—yet reaffirming that proven cruelty could limit entitlement.

For deeper insight into how cruelty plays a role in modern divorce cases, read our article on divorce on the ground of cruelty.

Practical Steps to Secure Divorce Without Alimony

Gather Financial Evidence
Compile salary slips, bank and property statements.

Draft a Clear Joint Petition
Explicitly waive maintenance; cite financial independence.

Document Misconduct (if contested)
Collect messages, affidavits, or witness statements.

File Under Appropriate Law
Choose relevant personal law or Sec 125 CrPC.

Seek Expert Guidance
Our matrimonial specialists in Delhi NCR can help you in legal guidance & strategy.

Conclusion

In today’s legal landscape, you don’t have to accept alimony as a given. By choosing a clear mutual-consent settlement, proving your own financial independence, or demonstrating a spouse’s misconduct, you can secure a divorce without ongoing maintenance.

This approach not only saves time and money but also brings emotional closure and a fresh start. If you’re ready to take control of your divorce process and ensure a clean break, Bhatla Law Firm’s team is here to guide you every step of the way.

With experienced matrimonial lawyers, strategic petition drafting, and dedicated representation, we make the path forward as smooth and stress-free as possible.

Reach out today to discuss your situation and move confidently into the next chapter of your life!