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Synopsis

The Allahabad High Court recently dismissed an appeal moved by a deceased government employee's second wife, who sought entitlement to his pension, arguing that his first marriage had been dissolved through a compromise under Section 125 CrPC.

The division bench of Justices Ashwani Kumar Mishra and Syed Qamar Hasan Rizvi observed that so far as the proceedings under Section 125 CrPC are concerned, they are in respect of payment of maintenance to the deserted wife.

The scope of the proceeding under Section 125 CrPC is limited i.e. with regard to determination of the amount of maintenance," the bench said.

Court further held that consent to such separation agreements/compromises holds no significance in such matters. It said that in proceedings under Section 125 CrPC, the court's jurisdiction is confined to only determining maintenance.

 "Law is well settled that consent of the parties cannot confer jurisdiction if it is otherwise not vested by law," the bench underscored. 

Further, pointing out that both the parties to the first marriage were Hindus, the bench held that since the marriage between the parties was governed by the provisions of the Hindu Marriage Act, 1955, the only manner in which such marriage could be dissolved was by an appropriate decree by the competent court in accordance with the provisions of the Act of 1955.

After the death of the government employee, who served as an assistant teacher in a Junior High School and retired in 2012, the family pension was directed to his first wife. However, the deceased's second wife contested this decision, asserting her entitlement to the pension. She argued that she had lived as his wife for several years and claimed that the marriage between her late husband and his first wife had been dissolved through a compromise during proceedings under Section 125 of the CrPC, resulting in their separation.

A single judge bench of the high court dismissed the plea filed by the second wife on the ground that the marriage legally contracted between the deceased government employee and his first wife could not have been annulled merely in proceeding under Section 125 of CrPC. 

The division bench upheld the decision of the single judge bench and refused to interfere with the right of first wife to claim family pension. 

Case Title: Rajni Rani v. State Of Up And 10 Others